- (1.) The appellant/decree-holder is aggrieved by an order dated 29th January, 2019 passed in an execution proceeding whereby and whereunder the judgment-debtor no.2 was directed to pay the occupational charges on and from the month of September, 2001 to December, 2018 at the rate of Rs.9,000/- per month. The appellant is further aggrieved by the recording of the facts that the judgment-debtor no.2 is continuing in possession in respect of the decretal property though a decree for eviction has already been passed. Neither the appellant has recovered the possession nor the mesne profit granted by the trial court was paid.
(2.) Our attention is drawn by the appellant to the decree passed in a suit which provides for a payment of Rs.14,49,000/- together with an interest at the rate of 18% per annum commencing from the month of September, 2001 to be calculated on the sum of Rs.9,000/- for every month until realisation. Even though the notice is issued upon the garnishees who happened to be the sub-tenants inducted by the judgment- debtor yet the judgment-debtor did not challenge the said impugned order. Be that as it may, since the decree-holder/appellant had approached the appellate Court assailing the said order, we, on an earlier occasion, directed the parties to specify the amount required to be paid/deposited in terms of the original decree passed by the trial court. It appears that, according to the appellant/decree-holder, a sum of Rs.30,48,033/- is required to be paid by the judgment-debtor on account of interest. On the other hand, the judgment-debtor says that they are liable to pay Rs.30,19,410/- on such account. In fact, the amount admitted by the judgment-debtor has already been paid to the decree- holder and the learned advocate appearing for the decree-holder has not disputed the same. There appears to be a difference to the tune of approximately Rs.30,000/- to which we impress upon the decree-holder to forego and waive in order to expedite the matter. The learned advocate appearing for the appellant/decree-holder candidly submits that they would not press for the said amount in order to bring the appeal to its logical end.
(3.) Since the entire amount has already been paid by the judgment-debtor, we do not feel any necessity to continue with the garnishee proceeding. In view of the above, the order impugned that is 29th January, 2019 is hereby set aside. The parties are at liberty to approach the executing Court for expeditious disposal of the execution proceedings at an earliest.;