JAI LAL Vs. DIVISIONAL MANAGER FOREST WORKING DIVISION

JUDGEMENT

(1.) Petitioner has challenged order dated 6-4-2010 passed by the learned Presiding Officer, Fast Track Court, Mandi in Execution Petition No. 6/2005 whereby objections preferred by him under Section 47 of the Code of Civil Procedure have been dismissed.

(2.) Material facts necessary for the adjudication of this petition are that the learned District Judge, Mandi has passed a decree on 20-12-2003 for recovery of Rs. 3,03,765 in favour of the Respondent/decree-holder (hereinafter referred to as 'the decree-holder' for convenience sake) against the Petitioner/judgment-debtor (hereinafter referred to as 'the judgment-debtor' for convenience sake). The decree-holder filed an application under Order 21, Rule 9 of the Code of Civil Procedure before the learned District Judge, Mandi. The records were summoned. A bare perusal of the order sheets reveals that the judgment-debtor has been repeatedly seeking adjournments for making payment with effect from 4-4-2005 onwards. When the payment was not made, the learned Presiding Officer, in the presence of learned Advocate appearing on behalf of the judgment-debtor, passed the following order on 22-10-2007:

(3.) Thereafter the warrant of attachment was issued and the same was executed as per the report of the Collector. The learned Presiding Officer passed the following order on 27-12-2007.