RAJESH VERMA Vs. LATE SHOBHNA TRIVEDI

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the matter is finally heard.

(2.) This petition under Article 227 of the Constitution of India has been preferred by the petitioner / judgment debtor against the order dtd. 24/3/2023 passed by the Executing Court whereby his objection to the maintainability of the execution proceedings under Order 21 Rule 10 and Order 21 Rule 22 of the CPC has been rejected.

(3.) The proceedings have been instituted for execution of the decree dtd. 7/12/2015 passed in Civil Suit No.237-A/2011 by the trial Court whereby, the original decree holder has been held entitled for recovery of a sum of Rs.1,20,000.00 and arrears of Rs.96,000.00. The execution proceedings have been filed by Dharmendra S/o. Rameshchandra Verma as power of attorney holder of son of the deceased decree holder.