Dismissed

Ms Sri Bhagwan Das Laxmi Narayan through Its Proprietor Sri Suresh Kumar Goyal v. Smt Kiran Agarwal

Jharkhand HC10 Nov 2022C.M.P./52/2022

Case brief

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What is this about?

The High Court dismissed a civil miscellaneous petition seeking admission of documents to challenge an eviction decree on fraud grounds in execution proceedings. The court held the Executing Court cannot go behind the decree and noted 7-year delay.

What did the court decide?

The civil miscellaneous petition is dismissed; the execution proceeding must be expedited within two months.

Ms Sri Bhagwan Das Laxmi Narayan through Its… — Execution and Attachment | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 52 of 2022

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M/s Sri Bhagwan Das Laxmi Narayan through its proprietor Sri Suresh Kumar Goyal .... .... …. Petitioner Versus Smt. Kiran Agarwal .... .... .... Opposite Party

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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner : Mr. Sanjay Prasad, Advocate For the Opp. Party :

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Oral Order

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04/ Dated : 10.11.2022

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Surviving defects are ignored.

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The instant civil miscellaneous petition has been filed for quashing the order dated 03.12.2021 passed by Civil Judge (Jr. Div.), Dhanbad in Civil Misc. Case No.42 of 2017 whereby and whereunder the petition dated 08.06.2021 filed by this petitioner for review of order dated 26.02.2021, has been rejected by the learned Court below.

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The petitioner is the judgment debtor and the Eviction Suit No.58 of 20210 has been decreed by order dated 22.07.2015. The petitioner filed a petitioner under Order XII Rule 2 and 3 read with Section 151 of the C.P.C. in Civil Misc. Case No.42 of 2017 for admitting certain documents by the opposite party/ decree holder, on the plea that fraud had been played upon the Court in getting the decree for eviction on the ground of personal necessity. This petition has been rejected against which the present petition has been preferred.

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The petition in effect has challenged the eviction decree before the Executing Court on ground of fraud and to that end filed the petition before the Court below, for direction to the decree holder to admit certain documents. The Executing Court cannot go behind the decree, and the petition cannot be filed in the executing court to challenge the decree on ground of fraud. I do not find any infirmity in the impugned order. The present petition has been filed only the delay the execution proceeding. More than seven years have elapsed since the suit has been decreed for eviction.

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The civil miscellaneous petition is devoid of any merit and is accordingly dismissed.

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The learned Court below is directed to dispose the execution proceeding expeditiously preferably within two months from the date of this order.

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(Gautam Kumar Choudhary, J . )

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Anit

Ms Sri Bhagwan Das Laxmi Narayan through Its Proprietor Sri Suresh Kumar Goyal v. Smt Kiran Agarwal

Case brief

What is this about?

What did the court decide?

Ms Sri Bhagwan Das Laxmi Narayan through Its Proprietor Sri Suresh Kumar Goyal v. Smt Kiran Agarwal

Case brief

What is this about?

What did the court decide?

What the court decided

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