ORDER No.       39                                                        Date: 15/06/2023

This case record is taken up for consideration in the matter of passing order in respect of the prayer of D.hr. for disposal of the execution case in expeditious way. This prayer is opposed by the J.dr. side and by placing statement of accounts dated 15/06/2023 the J.dr. side pointed out at present the total dues of the D.hr. is Rs.11,26,344/- for the period of 09/09/2014 to 15/06/2023.

          Heard both sides. Considered submission.

It is the main point of contention and argument of D.hr. side that the J.dr. side intentionally claiming excess amount and they are not calculating the total dues properly and they also are not deducting the payment which has already been paid by the D.hr. in favour of the J.dr. The D.hr. side by referring one judgment of Hon’ble Apex Court which is reported in 2023(1) Indian Civil Cases 711(SC) and argued that the executing court must dispose of the executing proceeding within 6(six) months from the date of filing.

On the other hand, it is the main point of contention and argument of the J.dr. side that the total dues of the D.hr. is Rs.11,26,344/- from the period of 09/09/2014 to 15/06/2023. It is pointed out that without realization of the dues the pledged ornaments cannot be handed over to the D.hr.

For the purpose of deciding the fate of the above noted issues there is urgent necessity of examining the judgment and/or final order passed in C.C. Case No. 168 of 2016 wherefrom this execution case has been cropped up.

On close examination of the said judgment passed on 06/03/2017 it is revealed that this District Forum passed the direction to the J.dr. to determine the amount of loan within 1(one) month from the date of the order and the petitioner/D.hr was directed to pay the said dues within 2(two) months from the date of determination of the dues and thereafter, the J.dr. side would hand over the pledged ornaments to the D.hr.

In this regard it is very important to note that the J.dr. side has been submitting the statement of accounts time to time by violating the direction given in the judgment and/or final order of C.C. Case No. 168 of 2016.

It is very important to note that an executing court cannot beyond decree. Section 47 of Civil Procedure Court is very important in this regard.

In view of this position this executing court cannot beyond judgment and/or final order passed on 06/03/2017 in C. C. Case No. 168 of 2016.

In compliance of the final order passed by this District Forum the J.dr. side is specifically directed to hand over the pledged ornaments to the D.hr. positively within 2(two) months from the date of this order otherwise the D.hr. is given liberty to take necessary steps.

In the light of the observation made above, the above noted matter is disposed of.

Dictated & corrected by me.

President