Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 614 of 2019 Petitioner :- Sobaran Singh Respondent :- District Judge And 9 Others Counsel for Petitioner :- Anil Kumar Singh,Ranjeet Singh,Sanjeev Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner and perused the record.
The present petition is directed against the order dated 8.8.2017 passed by the District Judge, Kanpur Nagar whereby the transfer application filed for transfer of Execution Case No.5 of 2011 (Rajesh Tiwari & Ors. v. Sobaran Singh) arising out of the Original Suit No.1348 of 1988 (Mrityunjay Kumar Tiwari v. Sobaran Singh), has been rejected. The said transfer application has been filed by the petitioner on the ground that the trial court had no jurisdiction to pass the decree which is sought to be executed by it in Execution Case No.5 of 2011 (Rajesh Tiwari & Ors. v. Sobaran Singh). Further, the order dated 16.3.2017 passed by the executing court whereby it has directed the Superintendent of Police, Kanpur Nagar to provide police force to ensure transfer of possession for execution of decree is also subject matter of challenge.
On a pointed query made by the Court, learned counsel for the petitioner is not in a position to inform even that the petitioner herein is a judgment debtor.
Be that as it may, no infirmity is found in the order of rejection of transfer application. The communication dated 16.3.2017, which has been termed as the order of the executing court cannot be interferred in supervisory jurisdiction under Article 227 of the Constitution of India.
The present petition is found wholly misconceived and hence dismissed.
Order Date :- 28.2.2019 Jyotsana