DAISY MANTOSH Vs. KAPIL KAPOOR

JUDGEMENT

(1.) Smt. Daisy Mantosh, the judgment debtor being aggrieved by and dissatisfied with the order No. 7 dated 4.3.1989 passed by Shri S.B. Muhuri, Assistant District Judge of the First Court at Alipore in Title Execution Case No. 8 of 1988 filed this appeal.

(2.) Briefly stated the fact is that the plaintiff/decree-holder filed the execution case on 29.7.1988 praying for registration of a Deed of Conveyance through Court in her favour in respect of the suit property. On that date the execution case was registered and 31.7.1988 was fixed for verification. Since the decree-holder did not take any steps on 31.7. 1988 and the execution application was not verified, the next date was fixed on 3.10.1988 for order after verification. On 3.10.1988 the decree holder filed a petition along with a draft deed of conveyance and plan to enable him to get the approved draft deed endorsed on the requisite stamp paper for execution and registration. As none moved the petition an order was passed by the executing Court for putting up the record as and when the petition was moved on behalf of the decree holder.

(3.) On 25.11.1988 the decree holder filed a petition praying for fixing a date for hearing of the petition filed on 3.10.1988. But as the copy of the petition was not served on the judgment debtor, 19.1.1989 was fixed for hearing of the petition and a direction was issued to serve the copy of the petition on the judgment debtor in the mean-time. On 19.1.1989 the decree holder filed a copy of a notice and postal receipt along with a petition praying for recording the service of the notice upon the judgment debtor. On the same date, the petition dated 3.10. 1988 was heard and an order was passed by the learned Assistant District Judge directing the Sherestadar to check the draft of the proposed deed and to report by the 15th of February 1989. As no report was received the next date was fixed on 4.3.1989 for the report of the Sherestadar.