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2018 Supreme(Chh) 175

MANINDRA MOHAN SHRIVASTAVA
Shyamlal Agrawal S/o. Ramkala Agrawal – Appellant
Versus
Firm Mahavir Trading Co. Through Its Proprietor Smt. Laxmi Devi, W/o. Bajranglal – Respondent


Advocates Appeared:
For the Petitioner: Shri Surfaraj Khan
For the Respondent: Shri Rajendra Tripathi

ORDER :

By this petition, the petitioner has assailed correctness and validity of order dated 28/02/2008, by which, the Trial Court has directed the petitioner to be arrested and sent to Civil Jail in the matter of execution of money decree passed in favour of the respondent.

2. The respondent filed a suit against the petitioner herein, claiming a money decree which was eventually allowed and a money decree of Rs.6,47,000/- along with interest @ 6% was passed. The respondent, then sought execution of decree by instituting execution proceedings before the Executing Court. Initially, the petitioner/judgment debtor submitted an application on 24/07/2005 stating that as he has got a valuable property, he would be paying decretal amount. But later on, he did not pay. The Court, then, proceeded to pass an order of attachment of the petitioner's property. The order of attachment was however, challenged by filing a petition by petitioner's son – Gopal Agrawal in WPC No. 6384/2006 wherein, an interim order was passed by this Court on 22/11/2006 staying the execution proceedings.

3. As the money decree could not be satisfied by the petitioner, the respondent/decree holder moved an application u





























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