CHANDERMOHAN SAHDEV Vs. ARUN BHANDARI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been preferred by the petitioner for setting aside orders dated 12. 5. 2008 and 30. 5. 2008 passed by the learned ADJ, Executing Court in execution petition.

(2.) THE petitioner had suffered a decree of possession and payment of mesne profits/rent. The petitioner was living in J-503 Sainik Farms. He did not vacate the house neither paid the rent/mesne profits. The Decree Holder, owner of the premises had to file a suit for possession and recovery of mesne profits and the suit was decreed. The possession was delivered only through the court bailiffs, when the warrants of possession were issued. Thereafter, when the warrants of attachment were sent to the petitioner, he issued cheques for rs. 17,51,494/-, the due amount. Both the cheques got dis-honoured. Thereafter, again efforts were made to execute the decree. The petitioner promised to pay the decretal amount by way of installments of Rs. 10,000/- p. m. but he did not pay the decretal amount even by installments.

(3.) THE decree holder moved an application for execution of decree by arrest and civil imprisonment of judgment debtor. A show cause notice was issued and after considering the reply to show cause and document, the Executing court vide order dated 14. 2. 2008 allowed the application and directed for issuance of warrants of arrest of Judgment Debtor. Judgment Debtor has not challenged the order dated 14. 2. 2008, but has only challenged subsequent directions for issuance of warrants of arrest on 12. 5. 2008 and 30. 5. 3008.