CHARANJEET SINGH REKHI Vs. SHUSHANTA KUMAR RAY

JUDGEMENT

(1.) IN CRP No.213/2012 dated 24.08.2012, this court had directed the execution court (Court of XI Addl. City Civil & Sessions Judge at Bangalore) to hold an enquiry and conclude enquiry and decide the case on merits within a period of three months from 24.08.2012. There is no Presiding Officer in the Court of XI Addl. City Civil & Sessions Judge at Bangalore. This execution petition is pending for enquiry before CCH No.7 (Court of XXII Addl. City Civil Judge at Bangalore).

(2.) IN this view of the matter, direction given by this court, to conclude the enquiry and decide the case on merits within three months from 24.08.2012 has expired. It is also informed by the Bar, even extended period has expired. The petitioners-decree holders are aggrieved by the order passed by execution court on IA Nos.5& 6/2013. The learned Judge of execution court has dismissed the applications filed by decree-holders to reject the vakalath, statement of objections and also evidence filed by way of affidavit of Hashim Moosa, who represented judgment-debtor as his power of attorney holder. These applications came to be filed due to non-production of deed of power of attorney in the execution proceedings. The learned Judge of execution court has held that Hashim Moosa had represented judgment-debtor as power of attorney holder in RFA No.711/2008. The execution court cannot go beyond the compromise decree and it is not within the scope of enquiry to record a finding on authenticity of general power of attorney held by Hashim Moosa. Therefore, learned Judge of execution court dismissed IAs 5 & 6/2013 by imposing costs.

(3.) AS the case is pending before in-charge court, I deem it proper to direct the Principal City Civil & Sessions Judge at Bangalore to transfer Execution Petition No.805/2012 from the Court of XI Addl.City Civil Judge at Bangalore to some other City Civil Court, other than Court of XXII Addl. City Civil Judge, for expeditious disposal of execution petition. The contentions raised herein by decree-holders as also judgment-debtor are kept open to be urged when the matter is heard and decided on merits by the transferee court. The learned Judge of transferee court while deciding the case on merits shall not be influenced by the observations made in IA Nos.5 & 6/2013 dated 19.01.2013. The learned Judge of transferee court shall decide the execution petition on merits, within a period of 15 days from the date of receipt of records, for which both parties shall extend their co- operation.