Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6687 of 2019 Petitioner :- Kamal Kumar Gupta Respondent :- State Of U.P. And Another Counsel for Petitioner :- Shyam Sunder Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The petitioner, by means of instant petition, has challenged the orders dated 15.4.2019 and 9.7.2019 passed by the executing court in Execution Case No.11 of 2003. By the first order dated 15.4.2019, the executing court had recalled the order dated 18.10.2003, whereby it held that despite the fact that the property which is subject matter of suit, is situated in newly carved district Kaushambi, the execution could proceed at Allahabad. By the second order dated 9.7.2019, the executing court has allowed the application filed by the judgement debtor for transfer of the execution proceedings from district Allahabad to district Kaushambi upon payment of cost of Rs.5000/-.
It is noteworthy that this Court, while deciding two matters filed by the judgement debtor under Article 227 of the Constitution bearing no.5901 of 2016 and 35751 of 2013, directed the executing court to impose exemplary cost upon the judgement debtor in case he seeks any unnecessary adjournment.
Counsel for the petitioner does not dispute that the suit property is situated in newly carved district Kaushambi. The decree passed in the suit, which is under execution, is for partition of the suit property and thus, undoubtedly, in case the execution proceedings are transferred to the district where the suit property is situated, it would facilitate the execution of the decree.
Counsel for the petitioner submitted that the main concern of the decree holder is that the judgement debtor is somehow or the other trying to delay the execution proceedings. He submitted that he would have no objection even if the execution proceedings are transferred to district Kaushambi but the transferee court at Kaushambi may also be directed not to grant any unnecessary adjournment to the judgement debtor and to conclude the proceedings within a specified time frame.
The limited prayer made by counsel for the petitioner appears to be justified in the facts and circumstances of the instant case.
Accordingly, without interfering with the impugned orders, the instant petition is disposed of by providing that subject to judgement debtor depositing the cost imposed upon him while passing the impugned orders within two weeks from today, the executing court shall ensure that the proceedings are transferred to district Kaushmabi and in this respect, all necessary steps as are required by Order 21 Rule 6 CPC shall be undertaken forthwith so that the transfer of file to district Kaushambi is not delayed. The transferee court, in that event, shall ensure that the execution of the decree is held without any unnecessary delay, by fixing short dates and preferably within a period of three months from the date of receipt of the record from the court in district Allahabad.
(Manoj Kumar Gupta, J) Order Date :- 26.9.2019 SL