D.K. ENTERPRISERS Vs. JYOTI SANJAY AGRAWAL

JUDGEMENT

(1.) Assailing the Order dtd. 10/8/2022 passed by the learned Civil Judge, (Senior Division), Bhubaneswar in I.A. No.01 of 2018 (arising out of Execution Case No.40 of 2016), the petitioner approached this Court by way of filing this Civil Revision Petition under Sec. 115 of the Code of Civil Procedure, 1908.

(2.) It is unfurled from the pleadings and documents available on record that Special Civil Suit No.76 of 2014 was filed against the D.K. Enterprisers represented by its partners and same was decreed in favpur of the opposite party-Decree Holder (DHr). After registration of the Execution Case, being M.A.N.R.J.E Case No.34 of 2015, it was transferred from 3rd Jt. Civil Judge, Senior Division, Nagpur for execution of the decree.

(3.) The petitioner has filed an Interlocutory Application being I.A. No.01 of 2018 before the learned Civil Judge, (Senior Division), Bhubaneswar under Sec. 47 of the Code of Civil Procedure, 1908 ('CPC', for brevity) challenging the Execution Proceeding on the ground that notice was served on neither D.K. Enterprisers nor Sunita Agarwal or Ramavatar Sharma by the trial Court in connection with the Special Civil Suit No.76 of 2014. It was pleaded that the JDr after getting the information about the ex parte decree in the above noted suit contemplated steps for setting aside such ex parte judgement. It is alleged that the execution petition being completely silent about the proposed attachment of the property allegedly belonging to the JDr, the judgement and decree passed by the trial court was not enforceable.