Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 5130 of 2018 Petitioner :- Gopichandra Chaurasiya Respondent :- Civil Judge, (Sd), Mahoba And Another Counsel for Petitioner :- Chandra Prakash Tiwari
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the order dated 5.5.2018 passed by the Civil Judge (Senior Division), Mahoba in Execution Case No. 03 of 2017 arising out of Small Cause Case No. 02 of 2012 (Pooral Lal Chaurasiya vs. Gopichandra Chaurasiya) whereby application paper no. 4- Ka/1 of the defendant-petitioner was rejected.
One of the grounds for challenging the impugned order is that during course of trial the defendant-petitioner has deposited a sum of Rs. 68,800/- before the Court below but the learned Court below has refused to adjust the above noted amount although the same was clearly mentioned in his application being paper no. 4-Ga-1 annexed as Annexure 4 to the petition.
From perusal of the record, it is not clear as to whether the aforesaid objection has been taken into account or not.
Under such circumstances, present petition stands disposed of with liberty to the petitioner to move a recall application for recalling the order dated 5.5.2018. In case such application is filed, the same shall be considered and decided by the Court below on its merit without being influenced by any of the observations made in this order, preferably within a period of two months from the date of receipt of this order.
It is made clear that this Court has not considered the merits of the case, which shall be looked into by the Court below while deciding the application of the defendant-petitioner.
Present petition is accordingly disposed of with the aforesaid observations/directions. No order as to costs.
Order Date :- 30.7.2018 Abhishek