Orders on Maintainability of EA.

1.         The DHr filed an Execution application seeking to recover an amount of Rs.1,72,000/- based on the orders passed by this commission in CC.No.33/2014, dt:04.07.2017 against the JDrs.

2.         The JDrs appeared through their counsel and filed a memo with documents and sought for dismissal of EA.  Heard the argument advanced by the parties on maintainability of EA.

3.         The learned counsel for the JDrs submitted that, the present EA filed by the DHr is not maintainable, once the EA has already been dismissed by this commission based on the orders of the Hon’ble State Commission in an Appeal No.1659/2022 to 1668/2022 and sought to dismiss the present EA.  The JDrs produced the copy of orders of the Hon’ble KSCDRC in an Appeal Nos.1659/2022 to 1668/2022 passed on 06.10.2022, wherein the Hon’ble State Commission has observed in the said order at Para No.7 that, “Once the Court Commissioner has given opinion with respect to the no dispute arose in the Sy.No.155/1 of Tripranth village, Basavakalyan Taluk, Bidar District and no objections either from the Decree Holders or Judgement Debtors.  It is deemed that the order passed by the District Consumer Commission was complied.  The District Consumer Commission without considering the said court Commissioner report has subsequently issued arrest warrant to the Judgment Debtors without any reasons and also insisted for pay of Rs.10,000/- in each Execution petitions which is not in accordance with law”.  In view of the above said observation made by the Hon’ble state Commission the DHr is not entitled for any relief or any recovery through this EA before this commission.  The DHr has preferred revision application before the Hon’ble KSCDRC in R.A.No.113/2022 to 122/2022 and sought to review the order of the State Commission in Appeal Nos.1659/2022 to 1668/2022 and the Hon’ble State Commission has dismissed the said review applications on 06.07.2024, the copy of orders on R.A.No.113/2022 to 122/2022 produced by the JDrs and also produced the copy of order of the State Commission in Appeal Nos.1659/2022 to 1668/2022 before this commission.  On perusal of the above said Appeal Order and orders on above R.A. before State Commission, the DHr is not suppose to file any EA before this commission as against JDrs to execute the orders of this commission.  Based on the above said observation this commission has already dismissed the EA application No.30/2017 on 20.12.2022, the DHr has again filed this EA before this commission without challenging either the R.A.No. 113/2022 to 122/2022 or without challenging orders of Appeal Nos. 1659/2022 to 1668/2022 before the Hon’ble National Commission New Delhi.  Now at this stage  there are no sufficient grounds and reasons to proceed with EA in this case and is liable to dismiss.  Accordingly we proceed to pass the fallowing order.

ORDER

    The EA filed by the DHr dt:01.12.2023 based on the CC.No.33/2014 is hereby dismissed.  No order as to cost.