Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3772 of 2018 Petitioner :- Smt. Mahadevi And 3 Others Respondent :- Smt. Kanti Devi And 2 Others Counsel for Petitioner :- Ajendra Kumar Hon'ble Vivek Kumar Birla,J.
List revised. No one is present to press the present petition.
On 24.5.2018 prayer for adjournment was made on behalf of learned counsel for the petitioner and the case was directed to place before the court as fresh on 30.5.2018.
Again no one is present.
Present petition has been filed for setting aside the order dated 20.4.2018 passed by Additional District Judge, Etah in Revision No. Nil of 2017 as well as order dated 23.9.2017 passed by Additional Civil Judge (Senior Division), Etah in Execution Case No. 16 of 2006 arsing out of Original Suit No. 396 of 2004.
By the impugned order dated 23.9.2017 an application filed by the judgment debtor-defendant-petitioner herein for staying the execution proceedings was rejected. The revision filed against the same was also rejected.
The orders are being challenged on the ground that the impugned orders are wholly illegal and have been passed without appreciating the correct facts.
I have perused the record.
In the impugned orders it has been reflected that the Original Suit No. 396 of 2004 (Smt. Kanti Devi and others vs. Smt. Mahadevi) was decided on 3.2.2006 by ex-parte judgment. The defendants were directed to hand over possession within three months from the date of judgment. The execution case no. 16 of 2006 was filed, wherein an application was moved to the effect that the defendants were not aware about the decree and when they came to know about the order a restoration application no. 133 of 2006 was filed. The same was dismissed in default on 11.1.2012. Again, Misc. Case No. 28 of 2012 was filed for setting aside the same but the same was dismissed on 27.7.2013. Then, Misc. Case No. 129 of 2014 was filed, which was also dismissed for want of prosecution and again restoration application being Misc. Case No. 6 of 2017 was filed, which is pending. The said application was also dismissed for want of prosecution on 31.1.2017. Again application being paper no. 37EXC2 was filed, which was rejected on merits on 7.3.2017. Revision filed against the same was also dismissed.
In view of the aforesaid facts, dakhal parwana was issued to amin vide order dated 23.9.2017. Considering the aforesaid facts, the revision was also dismissed.
It is clear that the defendant is abusing process of law and is avoiding execution proceedings.
In such view of the matter, I do not find any legal infirmity or jurisdictional error in the order impugned herein.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 31.5.2018 Lalit Shukla