The Delhi High Court dismissed a writ petition filed by the Delhi Cantonment Board against an execution order. The Court held that the petitioner could not bypass the judicial hierarchy as the impugned orders had become final, directing them to approach the Trial Court instead.
The petition was dismissed with liberty to approach the Trial Court.
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DELHI CANTONMENT BOARD ..... Petitioner Through Mr.Anchit Sharma, Advocate. versus GURDEEP SINGH ..... Respondent
Through Nemo.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
The order dated 01.02.2016 has been passed by the Civil Judge in the course of execution wherein warrants of attachment have been ordered against the judgment debtor.
Today the judgment debtor is present before this Court. He had not appeared on 01.02.2016 before the Civil Judge.
Admittedly, the decree which had been passed by the Trial Court on 30.4.2015 was the subject matter of appeal. The Appellate Court has dismissed the appeal on 30.6.2015. These orders have become final; they were contested.
This Court is accordingly not inclined to entertain this petition.
This petition is dismissed with liberty granted to the petitioner to approach the Trial Court as he cannot by-pass the hierarchy of the Courts and directly approach this High Court.
Order dasti under signatures of the Court Master.
INDERMEET KAUR, J
FEBRUARY 19, 2016/ndn
1 issue framed by the court
Whether the High Court should entertain a writ petition challenging an execution order when the judgment-debtor has not appeared before the civil judge.
DELHI CANTONMENT BOARD
GURDEEP SINGH
INDERMEET KAUR
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
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