INDIRA UPPAL Vs. J N UPPAL

JUDGEMENT

(1.) This is an application made by the Decree-holder Ms. Indira Uppal under the provisions of Section 24 CPC read with Section 21 Rule 18 CPC seeking transfer of another execution case 12/2004 currently pending before the Court of Sh. R.P.Pandey, ADJ so that execution application No. 102/2002 presently pending before this Court can be heard with execution application 12/2004, these two execution applications having arisen out of the award dated 25/11/01. It is urged by the counsel for the appellant/DH that earlier both the execution applications were pending before this Court but because of enhancement of peeuniary jurisdiction of the District Courts, the execution application No. 12/2004 was transferred to the District Judge in Novenber,2003.

(2.) It is contended by the Decree-holder that sine the Decree-holder is JD No. 1 in execution No. 12/2004 and the dates of awards in both the matters were 25th November, 2001 and that since parties in both the cases are same except addition of one more party viz. Mohit Mehta in Ex No. 12/04, therefore these executions applications which were earlier being heard together but separated because of enhancement of pecuniary jurisdiction of District Courts, should be heard again together so as to avoid multiplicity of judicial receipts.

(3.) This application has been contested by the non-applicants/JDs . Though no reply was filed to this application but written submission were filed giving details of the two execution applications. I have looked into the written submissions so filed by the JDs. It is urged that the present execution has nothing to do with the subject matter of the execution filed by Sh.J.N.Uppal in Suit No. 528/94 and that the question of seeking the transfer of the execution pending in the Court of Sh.R.P.Panday, ADJ. Delhi to this Court shall be of no relevance for the purposes of dealing with the execution application No. 102/2002 as this execution application is required to be taken up on its own merits.