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Judgment
Sandeep Sharma, J
As per report of the Registry, dasti notice issued to the respondent No.2 is awaited. However, having perused record of the court below and nature
of order proposed to be passed in the instant petition, this Court sees no reason to wait for the service of the notice.
Instant petition filed under Article 227 of the Constitution of India, lays challenge to order dated 10.11.2020 passed in Execution Petition No. 1209
of 2018, whereby warrant of sale has been ordered to be issued in the following manner:
Publication on 26.12.2021,
Sale on 08.01.2021,
Report on 13.01.2021.
Having heard learned counsel for the parties and perused record of the court below, this Court finds that execution petition was filed by the
respondents/DH in the month of May, 2018. More than 2½ years have passed, but till date respondents/DH have not been able to get the decree
executed and implemented. Zimini orders passed by the courts below in the aforesaid proceedings clearly reveal that repeatedly, matter came to be
adjourned at the behest of the counsel representing the petitioner/JD. Numerous opportunities were given to the petitioner/JD to file objections, if any,
to the execution petition filed by the respondents/DH, but petitioner/JD, instead of filing objections to the execution petition, kept on filing frivolous
applications, which were also dismissed. Record of the court below reveals that on three occasions, petitioner/JD was proceeded ex-parte but every
time, court below taking lenient view set-aside ex-parte order and afforded opportunity to the petitioner/JD to either file objections or supply list of
properties.
On 14.9.2019, National Lok Adalat while setting aside ex-parte order dated 20.7.2019, permitted the petitioner/JD to join the proceedings, but
interestingly, even after passing of aforesaid order, petitioner /JD bothered not to join the proceedings and as such, was again proceeded ex-parte. On
24.2.2020, again application under Order 7 Rule 9 CPC came to be filed on behalf of the petitioner/JD for setting aside ex-parte order. On 14.3.2020,
National Lok Adalat again allowed the application for setting aside the ex-parte order and listed the matter for conciliation. However, after 12.6.2020,
none came present on behalf of the petitioner/JD and as such, court below was left with no option, but to proceed in accordance with law and
accordingly on 10.11.2020, court below issued warrant of sale.
Though having taken note of the zimini orders passed by the court below, this Court is convinced and satisfied that the petitioner /JD has been quite
negligent while prosecuting his case before the court below and as such, does not deserve any leniency, but for the explanation rendered in the present
petition coupled with the statement made by the learned counsel for the petitioner that the petitioner was not aware about the orders passed by the
court below, this Court deems it fit to grant one last opportunity of four weeks to the petitioner /JD to make complete payment in terms of judgment
sought to be executed in the execution petition No. 1209 of 2018.
Consequently, in view of the above, present petition is disposed of with direction to the petitioner/JD to deposit entire amount in terms of judgment
sought to be executed within a period of four weeks and till then, order dated 10.11.2020, passed by the executing court below shall not be given
effect to, if not already given. Needless to say, in case amount as has been undertaken to be deposited within a period four weeks is not deposited by
the petitioner/ JD, order dated 10.11.2020, passed by the executing court would revive and no more opportunity would be granted to the petitioner /JD.
Records of the case be sent back forthwith. Pending application(s), if any, also stand disposed of.