again filed application Exhibit 116 seeking 15 days time for shifting furniture and machinery. On 26th April, 2017, the learned trial Judge recorded statement of judgment debtor No.2 that he is ready to give undertaking to the effect that he will hand over possession within 15 days. The learned trial Judge accordingly gave time up to 12th May, 2017 for handing over possession to the decree holders. The judgment debtor accordingly filed undertaking on 26th April, 2017 at Exhibit 117 that he will hand over possession to the decree holders on or before 12th May, 2017. Thus, despite giving undertaking, judgment debtor No.2 repeatedly filed frivolous applications raising similar objections which were overruled. In my opinion, the learned trial Judge was fully justified in dismissing the application. The learned trial Judge has imposed costs of Rs.10,000/- on 23rd June, 2017 while rejecting application Exhibit 119 and further imposed costs of Rs.10,000/- while rejecting application Exhibit 124 on 20th June, 2017. That apart, the learned District Judge while dismissing Civil Appeal No.79 of 2017 on 23rd March, 2017 had imposed costs of Rs. 5,000/-. Having due regard to the fact that in compliance of the order dated 8th June, 2018, judgment debtor No.2 has handed over possession to the decree holders and the Courts below have imposed costs of Rs. 25,000/- in all, I refrain from imposing further costs on him. Subject to above, Petition fails and the same is dismissed.
