KAREN MC GREGOR Vs. JERONIMO SIMOES

JUDGEMENT

(1.) Rule returnable forthwith. The learned Counsel for the respondent waives service. Heard finally by consent of parties.

(2.) The challenge in this petition, under Article 227 of the Constitution of India, is to order dated 14.10.2016 passed by the Executing Court in Execution Application No. 43/2009/B. By the impugned order, the Executing Court has refused to condone delay of 715 days in filing an application for review of order dated 29.11.2013.

(3.) The brief facts are that the petitioner has a money decree in her favour, under which the respondent is directed to pay a sum of Rs.20,72,870/- to the petitioner. The petitioner is seeking enforcement of the said decree in the aforesaid execution proceedings. The petitioner had obtained an order 07.03.2012 for attachment of two motor boats belonging to the respondent namely 'Jaya' and 'Jerry Josephine'. In the order dated 07.03.2012, the Executing Court had prima facie found that the boats belong to the respondent. Subsequently, the petitioner sought sale of the two motor boats, which the learned Executing Court has refused by order dated 29.11.2013, on the ground that petitioner has not established that the motor boats belong to the respondent. It is this order of which the petitioner is seeking review of, on the ground that it is contrary to the earlier order dated 07.03.2012. There is a delay of 715 days, in filing application for review.