Order  19   

The case record is put up today for order.  This is an application dated 11.04.2022 filed by the Decree Holder contending that this Execution Case has been filed for executing the decree dated 31.03.2014 passed by this Commission in C.C. No:427/2013 which has also been confirmed by the State Commission by order dated 29.03.2016.  JDR went up to the National Commission challenging the order of the State Commission which remanded back the matter to the State Commission which again affirmed the said decree of this Commission by order dated 22.04.2019.  The JDR again preferred an appeal challenging the order dated 22.04.2019 of the State Commission and  the same is still pending before the National Commission for disposal.  Previously another Execution Case being No:43/2016 was filed but unfortunately the Ld. Lawyer for the Dhr. lost the file and failed to keep tracking with the said Execution Case.  As a result thereof  no steps could be taken from 2017 in the said Execution Case.  Now from the objection dated 07.03.2022 filed by the JDR it came to the knowledge to the Dhr. that the previous Execution Case being No:43/2016 is still existing.  As such, the Dhr. now intends not to continue the instant Execution Case as because the previous Execution Case being No:43/2016 is still existing.

The JDR filed the written objection against the execution petition with a prayer for dismissal of the execution petition.

It appears from the case record hat previously EA/43/2016 was filed to execute the decree of this Commission dated 31.03.2014   passed in C.C. No:427/2013 and the same is still pending for disposal.  So, during the pendency of previously execution case being No:43/2016 another second execution case being No:29/2020 cannot be continued simultaneously for execution of the single decree passed in C.C. No:427/2013.  So, the second EA case being EA No:29/2022 should be discontinued.  Under the aforesaid facts and circumstances, the petition filed by the Decree Holder is hereby considered and allowed.  It is hereby

Ordered

that the instant Execution Case being No:29/2020 is hereby dismissed as “Not Pressed” by the Decree Holder.