Hari Ram Sharma v. Chhagan Lal Sharma

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No.126 of 2020 • Hari Ram Sharma S/o Shri Raghuwar Dayal Sharma Aged About 50 Years (now 65 years old), Occupation Businessman, Resident Of Gandhiganj, (Old Mandi Oldgan) Tahsil And District Raigarh Chhattisgarh ---- Petitioner

Versus

• Chhagan Lal Sharma S/o Shri Raghuwar Dayal Sharma Aged About 45 Years (Now 60 Years Old) Occupation Service, Resident Of Beerpara, Tahsil And District Raigarh Chhattisgarh ---- Respondent For Petitioner : Dr. Ajeet Kumar Yadav, Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-02-2020 Heard.

1. The petitioner is a judgment debtor in the Execution Case No.17/2019 pending before the Court of 7th Additional District Judge, Raipur. The petition had preferred his appeal against the judgment and decree of the trial Court before this Court which has been dismissed vide order dated 27.08.2018. Because of some typographical mistake in the impugned judgment, the petitioner has filed one M.C.C., therefore, he has prayed before the Court below to allow time till the order in M.C.C. is passed but the learned Court below has not given any time and is proceeding with the execution, therefore, prayed that appropriate order may be passed.

2. Let the Execution Court examine the necessity and effect of the order

-2which may be passed in M.C.C. pending before this Court and if it is found necessary, time be granted to the applicant for filing reply and objection to the execution application.

3. Accordingly, the petition stands disposed off. Sd/- (Rajendra Chandra Singh Samant) Monika Judge