KISHUN SHARMA Vs. RAM PREET MAHATO & ORS.

JUDGEMENT

(1.) THE present petitioner by way of filing this writ petition under Article 227 of the Constitution of India has prayed for quashing the order dated 21.12.2012 passed by the learned Sub -Judge 1st Court -cum -A.C.J.M. Bokaro in Execution Case No. 20 of 2004 whereby the learned court below has rejected the objection filed by the Judgment Debtor/Petitioner under section 47 of the Code of Civil Procedure. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents at length. Perused the impugned order and other materials placed on record.

(2.) THE learned counsel appearing for the petitioner in support of his submission has referred to and relief upon the decision given in the case of Bhavan Vaja & Ors Vs. Solanki Hanuji Khodaji Mansang and another reported in : (1973) 2 S.C.C. 40 and another decision given in the case of Pratibha Singh and another Vs. Shanti Devi and another reported in : AIR 2003 S.C. 643 and also in the case of Shivashankar Prasad Sah and another Vs. Baikunth Nath Singh reported : AIR 1969 S.C. 971.

(3.) ON the perusal of the impugned order it appears that earlier a petition under section 47 of the Code of Civil Procedure was filed by the Judgment Debtor on 5.9.2005 and thereafter, the said application was fixed for hearing on 7.9.2006 and a written argument was filed by the Judgment Debtor but subsequently it was not pressed and rejected accordingly. Thereafter, a fresh petition under section 47 of the Code of Civil Procedure was filed by the Judgment Debtor on 23.4.2012 and after hearing, the said application it was registered as Miscellaneous Case No. 17 of 2012. Being aggrieved by the said order, the decree holder and others preferred W.P. (C) No. 4761 of 2012 before this court and this Court vide order dated 24.9.2012 set aside the order dated 9.5.2012 passed by the learned court below and the matter was remitted back to the court below for the purpose of denovo hearing of the application filed under section 47 of the Code of Civil Procedure. The learned court below, as per direction of this Court, heard the matter again and vide order dated 21.12.2012 rejected the application under section 47 CPC filed by the Judgment Debtor. It appears that the learned court below has considered the rival submissions made in respect of the application filed under section 47 of the Code of Civil Procedure and dispute raised by the present petitioner in respect of the Schedule -B property has been considered by the learned court below. It appears that the learned court below has taken note of Survey Knowing Pleader Commissioner's report and demarcation of land made by the Circle Amin. Thus it appears that after careful consideration of the materials on record the learned court below rejected the said application filed under section 47 of the Code of Civil Procedure. It appears that the learned court below has also taken note of the various decisions cited by the learned counsel for the Judgment Debtor before the court below.