WPMS/1504/2023
2023 Latest Caselaw 1455 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
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             Registrar's order
              with Signatures
                                  WPMS No. 1504 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Anirudh Joshi, Advocate, for the petitioner.

The challenge in the present Writ Petition, as given by the present petitioner, is to the order passed on an application preferred by the decree holder under Order 21 Rule 11-A of the CPC, in Execution Case No. 2 of 2021, which was resorted to by the respondent, when despite of the undertaking given by the petitioner/judgment debtor, the decreetal amount was not rendered.

At the time when the possession was handed over, as a consequence of the decree rendered by the Provincial Small Cause Courts Act, the plaintiff/petitioner had undertaken to deposit the entire decreetal amount within a period as referred to in the order of handing over of the possession, but the same was not complied with.

Order 21 Rule 11-A of the CPC, is being resorted to, because there has been a deliberate and consistent attempt made by the present petitioner not to honour the decree of the remittance of the rent amount and damages, which was to be paid to the decree holder. Hence, rejection of the application under Order 21 Rule 11-A of the CPC, by the impugned order is not unjustified for the reason being, that it has been observed by the Court, that the petitioner has not been remitting the amount, as it was to be paid under the decree despite of the undertaking given by him before the Court.

That be a situation, this Court is not inclined to entertain this Writ Petition. The same would stand dismissed, but with the liberty granted to the petitioner, particularly owing to the fact, that he undertakes before this Court, that he would be remitting the entire decreetal amount to the decree holder/respondent, herein, within a period of two months from today.

Subject to the aforesaid liberty, if the petitioner deposits the first installment of 50% of the amount within one month from today, the direction issued under Order 21 Rule 11-A of the CPC, for his arrest would not be given effect to. In an event of failure to deposit the amount as directed by the Executing Court, the necessary consequences of the impugned order would automatically follow.

Subject to the aforesaid, the Writ Petition stands dismissed.

(Sharad Kumar Sharma, J.) Dated 23.05.2023 Shiv