This case record is taken up for consideration in the matter of passing order of this MA case which has been filed by J/dr of this case on the ground that the Execution Case no.7/2023 is not maintainable in the eye of law.

This matter has been contested by OP who is the d/hr of the above noted execution case by filing written objection. 

The argument highlighted by ld. advocates of both sides has been heard in full.  Considered submission.

Perused the MA application and its written objection.

For the purpose of deciding the fate of this MA case there is urgent necessity of going through the material of this case record as well as material of case record of E.A case no.7/2023.  After going through the material of this case record this District Commission finds that the CC-118/2016 was dismissed by this District Commission on 17.12.2018 and against the said judgment one appeal was preferred by the complainant before the Hon’ble State Commission and Hon’ble State Commission in first appeal no.A/212/2019 vide order dt.17.11.2021 has been pleased to set aside the judgment passed by this District Commission and has been pleased to pass award in favour of the complainant side.  It is revealed that on the basis of the said judgment of Hon’ble State Commission this above noted execution case has been cropped up.  It is the settled principle of law that an executing court cannot go beyond the award / decree passed in the main case (CC-118/2016).  But fact remains that if the prayer of the applicant for dismissing the E.A case on the ground of maintainability  is allowed, it would definitely infringe / affect the award which has been passed by Hon’ble State commission in the above noted appeal.

All these factors are clearly reflecting that the petition which has been filed by the J/dr in this MA case has no force at all and so this MA case is dismissed on contest.

No order is passed as to cost.

In the light of the observation made above this MA case is disposed of.