MRADULA SISODIYA Vs. GANESH MALAKAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the petitioner/defendant/judgment debtor being aggrieved by the order dtd. 13/3/2024 passed by the Second Civil Judge, Junior Division, Barwah, District West Nimar, Mandleshwar (M.P.), whereby the objection preferred by her to the executability of the decree has been rejected.

(2.) The facts of the case in brief are that the respondent/ plaintiff / decree holder instituted an action for specific performance of contract. The suit was valued at Rs.9,00,000.00 and was instituted in the Court of Civil Judge, Senior Division, Barwah. Subsequently, the same was transferred by the District Judge to the Court of Civil Judge, Junior Division, Barwah. Eventually, the same was decreed ex-parte by judgment and decree dated

(3.) The decree was then put to execution by the decree holder before the executing Court. Upon being served with notice of the execution proceedings, the judgment debtor filed an objection therein, presumably under Sec. 47 of the CPC, to the executability of the decree submitting that the claim was valued at Rs.9,00,000.00 but has been decreed by Court of Civil Judge, Junior Division which has pecuniary jurisdiction only up to Rs.5,00,000.00 hence the decree passed is without jurisdiction, null and void and inexecutable. The application was contested by the decree holder and has been rejected by the executing Court by observing that no appeal has been preferred against the decree and there is no order of stay of its execution and that the grounds as taken by the judgment debtor are not sufficient for dismissal of the execution proceedings.