CHITRALEKHA Vs. VIRENDRA KUMAR SHARMA

JUDGEMENT

(1.) BY this writ petition under Article 227 of the Constitution of India petitioner has challenged the legality and validity of the order dated 13.3.2009 passed by the executing Court.

(2.) AS per office report, respondent is served with notice, but none has appeared. This petition is pending since 2009. There is an interim order operating since 5.2.2010. Hence, in the fitness of things the writ petition is taken up for consideration.

(3.) LEARNED counsel for the petitioner submits that by the impugned order the executing Court turned down the prayer of the petitioner for reducing the interest from 18% to 6% in the decree passed against him. The executing Court has held that it has no jurisdiction to reduce the interest awarded by the trial Court. Accordingly, the executing Court has directed the petitioner/judgment debtor to satisfy the decree.