Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 9388 of 2018 Petitioner :- Smt. Indu Bajpayee Respondent :- Keshari Nandan Agarwal Counsel for Petitioner :- Kamlesh Kumar Tiwari,Kripa Shankar Pandey
Hon'ble Manoj Kumar Gupta,J.
The instant petition under Article 227 of the Constitution has been filed challenging the order dated 11.10.2018 passed by Court of Small Causes, Jhansi in S.C.C. Execution Case No. 87/2018 as well as judgment and order dated 2.11.2018 passed by Additional District Judge, Court No. 1, Jhansi in SCC Revision No. 48/2018. By order dated 11.10.2018, the Executing Court has required the petitioner-decree holder to deposit balance court fee in respect of the relief granted to him for recovery of mesne profits. The order was upheld in revision by order dated 2.11.2018.
Counsel for the petitioner, upon receipt of instruction from the petitioner, states that the petitioner would make good the deficiency in court fees within a week. He submitted that the Executing Court may be directed to execute the decree as soon as the court fees is made good.
Accordingly, without interfering with the impugned orders, the petition is disposed of by providing that it shall be open to the petitioner to deposit the balance court fees before the Executing Court, and in which event, the Executing Court shall proceed with the execution case in accordance with law.
(Manoj Kumar Gupta, J.) Order Date :- 19.12.2018 AM/-