RAJAT SEN Vs. RAJPAL SINGH

JUDGEMENT

(1.) The present petition has been preferred under Article 227 of the Constitution of India again an order, passed by Sub-Judge VI, Jamshedpur, in Misc. Case No. 31 of 2007, arising out of Execution case No. 1 of 2005, whereby, the objections, raised by the objector under Order 21 Rule 97 to be read with Sections 47 and 151 of the Code of Civil Procedure, have been admitted and Misc. Case No. 31 of 2007 is awaiting for its final decision by the said trial court, since long and, therefore, the original plaintiff of Title Suit No. 78 of 1996 has preferred this writ petition, because the suit has already been decreed in favour of the present petitioner and, thereafter, First Appeal, preferred against the judgment and decree, passed in Title Suit No. 78 of 1996, was also dismissed and thereafter, Second Appeal, preferred against the judgment and order, passed in Second Appeal, was also dismissed and, therefore, Execution Case No. 1 of 2005 was instituted by the present petitioner (decree-holder) and in this execution case, the objector has raised objection under Order 21 Rule 97, to be read with Sections 47 and 151 of the Code of Civil Procedure, which was numbered as Misc. Case No.31 of 2007, and it is submitted by the learned counsel for the petitioner (original decree-holder) that let the trial court be directed to dispose of the Misc. Case No. 31 of 2007, in accordance with law, as expeditiously as possible and practicable, preferably within the time given by this Court.

(2.) I have heard learned counsel for respondent no.1 (judgment-debtor), who is a party respondent in Execution case No. 1 of 2005. It is submitted by the learned counsel for respondent no.1 that he has no much objection, if a direction is given for earlier disposal of Misc. Case No. 31 of 2007, within the stipulated time, in accordance with law and after giving an adequate opportunity of being heard to the parties.

(3.) Though respondent no.2 has been served with the notice, nobody appears on her behalf.