Dashrath v. Sevacharan @ Jawahar Lal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. ( ) No.

of 201 Dashrath, S/o Tejram, aged about 40 years, R/o Saankra, Tahsil and District Mahasamund (C.G.) .... Judgment Debtor ---- Petitioner

Versus

Sevacharan @ Jawahar Lal, S/o Kirtiram, aged about 45 years, R/o Saankra, Tahsil and District Mahasamund (C.G.) .....Decree holder ---- Respondent For Petitioner : Mr. Pushpendra Kumar Patel, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /07/201 (1) The trial Court has rejected the application under Order 21 Rule 27 of the CPC read with Section 47 & 151 CPC filed by the petitioner/judgment debtor, finding no merit, against which instant writ petition has been filed questioning the same. (2) Learned counsel appearing for the petitioner would submit that trial Court has committed jurisdictional error in rejecting the petitioner's application, which is liable to set aside.

(3) I have heard learned counsel appearing for the petitioner and perused the order impugned with utmost circumspection. (4) The Executing Court, after recording a finding that the suit was decreed in favour of the petitioner in the year 1983 and appeal has been

dismissed in the year 1997 and there is ground to entertain the present application and finding the application frivolous imposed a cost of Rs.5,000/- against the petitioner, dismissed the application. (5) After hearing learned counsel for the petitioner at length and after perusing the order impugned, I do not find any jurisdictional error in the order impugned warranting interference by this Court under Article 227 of the Constitution of India.

(6) Accordingly, the writ petition fails and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge D/-