Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9548 of 2018 Petitioner :- Narayan Singh And 14 Others Respondent :- Shree Sant Kumar And 4 Others Counsel for Petitioner :- Kumar Anish,Umesh Kumar
Hon'ble Mrs. Sunita Agarwal,J.
The prayer in the present petition is to set aside the entire proceedings of Execution Case No.2 of 2007 (Shant Kumar & Ors. v. Narayan Singh & Ors.) concluded by Civil Judge, (Senior Division), Fast Track Court, Agra by means of the order dated 15.11.2018.
A sale deed dated 31.10.2018 has been executed in execution of the decree of the civil court which has attained finality with the dismissal of Civil Appeal No.127 of 1994 (Shant Kumar & Ors. v. Narayan Singh & Ors.) by judgment and order dated 8.10.1998.
Submissions of learned counsel for the petitioner to assail the proceedings of execution case and the sale deed dated 31.10.2018 are that the second appeal challenging the judgement and decree dated 8.10.1998 passed by the appellate court is pending consideration before this Court. However on a pointed query made by the Court, learned counsel for the petitioner is not in a position to inform as to whether the second appeal has been admitted after framing substantial questions of law and the execution of the decree has been stayed by this Court.
Further, the second limb of argument is that the nature of suit property has been changed over the period of time and the suit property was not identifiable and such a decree could not have been executed. These submissions made by learned counsel for the petitioner to assail the proceedings of execution case after conclusion thereof, cannot be entertained so as to invoke extraordinary supervisory jurisdiction under Article 227 of the the Constitution of India.
These objections were very much open for the petitioner to be taken before the executing court at the earlier stage of the proceedings. After execution of the sale deed dated 31.10.2018, there was no occasion for the court below to keep the Execution Case No.2 of 2007 (Shant Kumar & Ors. v. Narayan Singh & Ors.) pending and it cannot be said to have erred in concluding the execution proceedings by the order dated 15.11.2018, moreover, the said order is also not under challenge in the present petition.
The present petition is, thus, found wholly misconceived and hence dismissed.
Order Date :- 22.1.2019 Jyotsana