SHIVCHARAN Vs. CHANDA JAIN

JUDGEMENT

(1.) The appellant has filed this appeal against the order dated. 14.9.2012 passed by the First Appellate Court in Civil Appeal No. 20 A/2012 affirming the order dated 6.3.2012 passed in Execution Case No. 68A/2009.

(2.) The trial Court passed a judgment and decree on 9.12.2009 in Civil Suit No. 68 A/2009 for ejectment against the appellant. Against the aforesaid judgment and decree, the present appellant filed an appeal, that was registered as Civil Appeal No. 4A/2010 and the same was dismissed vide judgment and decree dated 28.6.2010. Against the aforesaid judgment and decree, the present appellant further filed a second Appeal before this Court, which was registered as S.A. No. 401/2010. That appeal has also been dismissed. When the decree was put to execution, the appellant filed an objection under Order 21 Rule 97 and Order 58 read with section 151 of CPC. He pleaded that the respondents/plaintiffs did not produce the rent note and receipts and in the registered sale deed and gift deed, there is no mention about the tenant and the plaintiff is not the owner and possession of the suit shop. That objection was rejected vide order date 6.3.2012. Against the aforesaid order, the present appellant filed an appeal, that has been rejected by the first appellate Court vide order date 14.9.2012. Against the aforesaid order, this second Appeal has been filed.

(3.) From the perusal of the proceedings, in my opinion, the appellant has deliberately filed the objection in order to delay the execution of the decree. It amounts to abuse the process of the Court. In such circumstances, it would be just and proper to award exemplary costs against the appellant. Hence, this appeal is dismissed with costs of Rs. 10,000/ -, which shall be paid to the respondents.