Disposed

Govind Kurmi Kshatriya Hostel Trust Committee v. Divya Kanti Shikshan Samiti

Chhattisgarh HC16 Jan 2023WP227/805/2022

Case brief

AI extract

What is this about?

In an execution petition matter, the High Court directed the 2nd Civil Judge, Durg, to decide the pending execution case expeditiously within one month due to unexplained delays by the trial court despite the dismissal of the SLP and affirmation of the decree below.

What did the court decide?

Direction to the learned trial court to decide the execution case and execute the decree within one month from the date of receipt of the order.

Govind Kurmi Kshatriya Hostel Trust Committee… — Execution and Attachment | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 805 of 2022

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Govind Kurmi Kshatriya Hostel Trust Committee Baghera, (S/o Age 52 Years Are Wrongly Mentioned), Tahsil And District Durg, Chhattisgarh. By Secretary Dr. Tarun Kumar Naik, S/o Dr. R.S.Naik, Aged 52 Years, R/o Baghera, Ward No. 56, Durg, District Durg, Chhattisgarh.

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	---- Petitioner
Versus miti Pre chsheel	sident Panchsheel Nagar, Durg Nagar, Durg, District Durg,
hsheel	Nagar, Durg, District Durg, ---- Respondents

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Divya Kanti Shikshan Samiti President Panchsheel Nagar, Durg Shivaji Vidyapeeth, Panchsheel Nagar, Durg, District Durg, Chhattisgarh.

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Shivaji Vidyapeeth Panchsheel Nagar, Durg, District Durg, Chhattisgarh. ---- Respondents

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For Petitioner : Mr. Rajeev Shrivastava, Senior Advocate with Mr. Malay Shrivastava, Advocate.

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For Respondents : None.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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16/ 01/ 2023

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Heard on I.A. No. 01/2023, application for taking additional documents

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on record.

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Upon due consideration the said application is allowed and the documents that is order dated 11.03.2022 of the Hon’ble Supreme Court in Special Leave to Appeal (C) No. 3948/2022 is taken on record.

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By this petition, the petitioner is seeking appropriate direction to the 2^nd Civil Judge, Class-I, Durg to decide the execution case bearing No. 15/2021 expeditiously.

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Learned counsel for the petitioner would submit that the learned executing Court is not executing the decree passed in favour of the

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petitioner by judgment and decree dated 07.10.2004 which was affirmed by this Court and SLP filed before the Hon’ble Apex Court was also dismissed on 11.03.2022. But the learned executing Court has not passed any order in the execution case. The petitioner filed an application for issuing a possession warrant on 13.05.2022 but learned trial Court has not decided his application till date, therefore the direction may be given to the executing Court to decide the execution case No. 15/2021 within a period of one month.

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Heard learned counsel for the petitioner and perused the material available on record.

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It is clear from the certified copy of the judgment passed by 2^nd Civil Judge, Class-I, Durg in Civil Suit No. 1-A/2001, in favour of petitioner Govind Kurmi Kshatriya that the respondents were directed to vacate the rented premises and pay the arrears of the rent. Against it the respondents preferred an appeal before the District Judge, Durg, but by the judgment dated 19.10.2011 passed in Civil Appeal No. 15-A/2021 appellate Court also affirmed the decree and dismissed the appeal preferred by the respondents. Thereafter respondents preferred a second appeal No. 06/2012 before this Court which was also dismissed by this Court on 29.06.2021. Petitioner filed an execution case No. 15/2021 before the learned trial Court on 11.08.2021 and the respondent filed his reply before executing Court and submitted that he has filed an SLP before Hon’ble Apex Court, therefore, the proceedings of the execution case may be stayed till the disposal of the SLP. The learned trial Court by its order dated 11.04.2022 fixed the case for stay order but on next date of hearing on 13.05.2022 respondent did not appear before the Court and again the

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case was adjourned for further proceeding on 13.06.2022, 14.07.2022, 27.07.2022, 13.09.2022 and 07.10.2022 and learned trial

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Court did not pass any order and the case was simply adjourned for considering on decree holders application.

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The petitioner has filed an order of the Hon’ble Apex Court (AnnexureA) which shows that on 11.03.2022 special leave petition was dismissed by the Hon’ble Apex Court which was filed against judgment dated 29.06.2021 passed in SA No. 06/2012. Therefore it is clear from all the documents that till date learned trial Court has not passed any order and has not proceeded with the execution of the decree dated 07.10.2004 and without any sufficient reason learned trial Court simply adjourned the proceeding of execution. This practice is not proper and without any stay order of the higher Court, proceeding of execution remained stayed till 05.11.2022.

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Considering the above facts, learned trial Court is directed that if the execution is still pending, the trial Court shall make all possible endeavour to pass an appropriate order on the application of the petitioner and shall execute a decree according to the law as early as possible preferably within a period of one month from the date of the receipt of the copy of this order.

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With these observations and directions, the matter is finally disposed of at the admission stage itself.

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Sd/(Rajani Dubey) Judge

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H.L. Sahu

Govind Kurmi Kshatriya Hostel Trust Committee v. Divya Kanti Shikshan Samiti

Case brief

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Govind Kurmi Kshatriya Hostel Trust Committee v. Divya Kanti Shikshan Samiti

Case brief

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