CHANDRA KANTA SHARMA Vs. TRILOKI NATH KAKKAD

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 23.7.2013 (Annexure P/ 11) passed by XIII Civil Judge Class I Jabalpur in Execution Case No.247-A/1992, whereby the objection of petitioner under Order 21 Rule 16 read with Section 146 and 151 of CPC has been rejected. During the course of arguments, Shri Girish Shrivastava, learned counsel for the petitioner submits that indeed the objection is under Section 47 of CPC and incorrect provisions are quoted in the application.

(2.) ON bare perusal of the application/objection dated 15.5.2013 (Annexure P/10) of the petitioner, this Court finds that inter alia in para 6 it has been averred that the judgment-debtor/respondent No.2 had already delivered possession of the accommodation in question on 14.5.2013 with the consent of decree-holder Triloki Nath Kakkad (respondent No.1) to the present petitioner. However, despite it the objection Annexure P/10 of the petitioner has been rejected. The contention of learned counsel is that indeed the execution proceedings should have been closed on account of full and final satisfaction of the decree. When it was asked repeatedly to the learned counsel for the petitioner, it is submitted that although there is an averment in para 6 of the aforesaid objection that the possession has been delivered by the judgment-debtor on 14.5.2013 and the first respondent/ decree-holder also consented to it, but the document was not filed either in the Executing Court or before this Court, nor any such document was executed.

(3.) SHRI D.K.Dixit, learned counsel for the judgment- debtor/respondent No.2 has submitted that he along with the first respondent No.1/decree holder had already delivered the possession of the accommodation in question to the owner/landlord on 14.5.2013 and thus the decree has been fully satisfied and it should be closed.