Petitioner sought to quash orders dismissing execution applications under Article 227. Court held a Second Appeal against the decree was pending, making it a non-fit case for interference. Petition dismissed.
Petition under Article 227 dismissed; no immediate order to quash executing or revisional court orders.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 1005 of 2022
Petitioner :- Bhulan Singh @ Virendra Singh Respondent :- Satya Narayan Singh (Deceased) And 20 Others Counsel for Petitioner :- B.S. Pandey
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioner.
The present petition under Article 227 of the Constitution of India has been filed by the judgment debtor praying to quash the orders passed by the executing court and by the revisional court dismissing the application of the petitioner against execution of the decree passed by the trial court on the ground that the decree was inexecutable and further was without jurisdiction.
The decree has already been executed as would be evident from the order dated 11.1.2018 passed by the executing court. It transpires that a Second Appeal No. 1181 of 1995 is already pending in this Court against the decree put in execution by the plaintiff.
In the circumstances, the decrees of the court below are subject to the judgment of this Court to be passed in Second Appeal No. 1181 of 1985 and, in case, the said second appeal is decided in favour of the petitioner, the petitioner would have the remedy to file an application under Section 144 of the Code of Civil Procedure, 1908.
In the circumstances, it is not a fit case for interference by this Court under Article 227 of the Constitution of India.
The petition is dismissed .
Order Date :- 2.3.2022 Satyam
Digitally signed by SATYAM AGRAHARI Date: 2022.03.02 14:20:16 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether this court should exercise jurisdiction under Article 227 of the Constitution to quash the orders of the executing and revisional courts.
Whether a pending Second Appeal against the decree renders it a non-fit case for interference under Article 227.
Bhulan Singh @ Virendra Singh
Satya Narayan Singh (Deceased)
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
