In this writ petition, the petitioner challenged the rejection of his objection by the Executing and Misc. Appellate Courts. The High Court found no illegality in the impugned order and dismissed the petition, holding that interference under Article 227 was not warranted.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P. (227) No. 112 of 201 7
Sandeep Meshram, S/o. Late Rajendra Meshram, aged about 29 years, R/o. Ambedkar Chowk, Chhattisgarh Nagar, Raipur, Tehsil and District Raipur (C.G.)
---- Petitioner
Versus
Ramji Prasad Soni, S/o. Late Khandanand Soni, R/o. Purani Basti, Near Police Line, Raipur, Tehsil and District Raipur (C.G.)
---- Respondent
For Petitioner: Mr. Y.C. Sharma, Advocate. For Respondent : Mr. Aditya Sharma, P.L.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
06/04 /2017
Heard.
(1) Judgment-debtor's objection on the judgment 26.11.2008 passed by the competent civil Court has been rejected by the Executing Court as affirmed by the Misc. Appellate Court, against which the instant writ petition has been filed questioning the same.
(2) Counsel for the petitioner would submit that order passed by both the courts below are contrary to the law and the objection deserves to be sustained.
(2) After hearing learned counsel appearing for the parties and
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after considering the material on record and the judgment dated 26.11.2008, I do not find any illegality in the order impugned warranting interference by this Court under Section 227 of the Constitution of India.
(3) Accordingly, the writ petition fails and is hereby dismissed.
Sd/-
(Sanjay K. Agrawal) Judge
D/-
2 issues framed by the court
Whether the Executing Court committed any illegality in rejecting the judgment-debtor's objection to the judgment dated 26.11.2008.
Whether interference under Article 227 of the Constitution of India is warranted in the present case.
1 provisions across 1 enactments
Sandeep Meshram
Ramji Prasad Soni
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
