Dtd.27.02.2024                                            A/1673/2023

O R D E R

       BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.73 of CPA 2019 by Dhr/Appellant aggrieved by the order dtd.22.08.2023 passed in EA/29/2021 on the file of Mandya District Commission.

2. The matter is set today, awaiting service of notice on the Respondent, however, Appellant files postal track consignment to show, notice is served on 01.01.2024. Anyhow, Sri.Rupeshkumar, Advocate is present on behalf of Respondent and he seeks time to submit, since appellant pleads urgency, we heard him and examined the appeal papers.  

3. Appellant/Dhr submits that District Commission in EA/29/2021 on 26.07.2023 ordered to close the EA for the present and on 22.08.2023, ordered ‘in view of divergent view expressed by this Commission dtd.26.07.2023, this memo does not survive for consideration. Hence, memo of Dhr advocate is rejected’. It is this order is assailed in this appeal, which in our view could be set aside summarily, since prima fiace Execution Commission failed to record sound reasons for closing the EA for the present. We could not find what are those divergent view expressed by the commission and how such divergent views give rise to close the EA for the present. In our view even if the EA is closed for the present, when an application/memo is filed by Dhr to rake up the matter could have been considered to hold further enquiry of the petition and by doing so no prejudice or harm would caused to any of the parties, since, adjudication has to be go by law, rules and acceptable regulations.  

4. In the above such view of the matter, we found no grounds to call any objections of Respondent herein to decide on the appeal to avoid delay. In such conclusion, we proceed to allow the appeal. Consequently set aside the order dtd.26.07.2023 and 22.08.2023 respectively passed in EA/29/2021 on the file Mandya, District Commission, with a direction to restore EA/29/2021 and hold further enquiry, affording   opportunity to both parties.

5. Notify copy of this Order to the District Commission and parties.

  Lady Member          Judicial Member             President          

*NS*