L.N. Mittal - (1.) DECREE holder Baldev Sahai has filed this revision petition under Article 227 of the Constitution of India assailing order dated 1.9.2011, Annexure P/2, passed by executing court i.e. learned Additional Civil Judge (Senior Division), Mohindergarh thereby dismissing the execution petition filed by the petitioner.
(2.) I have heard learned counsel for the petitioner and perused the case file. Perusal of the impugned order reveals that conditional arrest warrant of respondent-judgment debtor (JD) Kishori Lal was issued by the executing court but the same was received unexecuted for want of correct address. Similar reports were received many times. However, in spite of direction by executing court, decree holder did not file correct address of JD. Petitioner DH was even granted permission to accompany the executing official for execution of conditional arrest warrant of JD but the DH did not accompany the executing official and rather DH insisted that JD was residing at the given address. In these circumstances, since DH failed to comply with the orders of the executing court, the execution petition was dismissed (apparently for non-prosecution) by the executing court vide order Annexure P/2 which is under challenge in this revision petition.
(3.) JD-respondent is resident of District Zhunzhunoo in Rajasthan. His property is also in District Zhunzhunoo. In view thereof, on the preceding date of hearing, counsel for the petitioner sought adjournment to seek instructions if the DH was ready to move trial court/executing court for transfer of the decree for execution to competent court in District Zhunzhunoo. Pursuant thereto, counsel for DH ? petitioner having sought instructions stated today that the DH ? petitioner is ready to move the necessary application.;