JEEVAN SINGH Vs. JAGDISH

JUDGEMENT

(1.) This petition under Article 227 of the Constituting of India has been preferred by the petitioner/judgment debtor being aggrieved by the order dtd. 8/9/2023 passed by the First Civil Judge, Senior Division, District Shajapur in execution Case No.B-8/2015, whereby an application under Order 21 Rule 37 of the CPC preferred by the respondent/decree holder has been allowed and he has been directed to be sent to civil prison.

(2.) The facts in brief are that the decree holder instituted Civil Suit No.04B/2014 against the judgment debtor for recovery of a sum of Rs.1,03,000.00. By judgment and decree dtd. 12/12/2014 the same was decreed by the trial Court and the judgment debtor was directed to pay a sum of Rs.1,03,000.00 to decree holder along with interest at 6% per annum from the date of institution of the suit. The judgment debtor failed to do so hence the decree holder instituted proceedings before the executing Court for execution of the aforesaid decree.

(3.) In the execution proceedings, a warrant of attachment was issued in respect of the immovable properties of the judgment debtor. When the warrant was tried to be executed, wife of the judgment debtor caused obstruction in the attachment and stated that she will not permit the property to be attached. Upon receipt of the attachment warrant before the executing Court, the decree holder filed an application under Order 21 Rule 37 of the CPC for sending the judgment debtor to civil prison which has been allowed by the executing Court by the impugned order.