The judgment debtor seeks to challenge the order dated 14th March, 2011 and 27th July, 2011 passed in Execution Case No.3 of 2008 arising out of SCC Suit No.82 of 2005 which was decreed on 25th July, 2008.
It is in the aforesaid Execution Case No.3 of 2008 that the petitioner filed objections under Section 47 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'). The petitioner also moved an application under Order VI Rule 9, CPC for appointment of an Advocate Commissioner for inspection of the six shops. These two applications have been rejected by the Executing Court.
Learned counsel for the petitioner submitted that the decree holder had infact been given possession of five rooms and it is for this reason that the petitioner had filed application for appointment of Advocate Commissioner.
The Courts below have given good and cogent reasons for rejecting the applications filed by the petitioner. There is no good reason to interfere with the impugned orders.
The writ petition is, accordingly, dismissed.
Order Date :- 23.2.2012 SK