SHEETAL SINGH Vs. FATEH SINGH

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner judgment debtor being aggrieved against the order dtd. 27/2/2017 (Annexure-7) passed by the Learned Additional District Judge, Tehsil Raisinghnagar, District Sriganganagar, whereby the Executing Court has straight away directed civil imprisonment of the petitioner and for that purpose also directed respondent-decree-holder to file the warrant form as provided under Order XXI, Rule 38 of CPC, 1908.

(2.) Shorn of unnecessary details, the facts for adjudication of the present writ petition are that respondent-decree-holder filed a suit for recovery of Rs.5,80,000.00 along with interest, against the petitioner-judgment debtor. The suit in question was decreed by the learned Additional District Judge, Raisinghnagar (Sriganganagar), by way of judgment and decree dtd. 9/9/2011. The petitioner had filed a first appeal before this Court against the abovementioned order, however the same was dismissed on 7/1/2014.

(3.) The respondent filed the execution case, and therein the petitioner filed his objections while submitting that since the appeal was pending at the relevant time, further proceedings in the execution may not be undertaken. The executing Court however by way of order dtd. 29/5/2015 dismissed the objection of the petitioner and held that the petitioner is having suitable land available to satisfy the decree and therefore execution cannot be stayed. It was further directed that the details of the property be submitted on the next date fixed i.e. 6/7/2015. The matter was pending in the execution proceeding and straight away without issuing notice or without undertaking attachment of the property, the order dtd. 27/2/2017 came to be passed whereby the warrant of arrest under Order XXI, Rule 38 CPC was directed to be issued. Being aggrieved against the same the present writ petition has been filed.