IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
P.R. Ramachandra Menon, Parth Prateem Sahu, JJ.
D.P. Sharaf - Appellant
Versus
B. Krishnamurty - Respondent
Writ Appeal No. 532 of 2019 (Arising out of order dated 21.08.2019 passed in Writ Petition No.5799 of 2006 by the learned Single Judge)
Decided On : 21-01-2020
Writ Petition - Civil Suit - 71, 72, 73, 74 - The court dismissed the writ petition seeking relief for declaring the proceedings of miscellaneous civil case, miscellaneous civil appeal, and second appeal to be filed without any authority, declaring the appellant's right to execute the decree, and entitlement to receive commission on the sale of petroleum products. The court found that the relief sought could not be granted in the writ petition and that the issues raised were already considered and decided by the High Court under different jurisdiction.
Fact of the Case:
The appellant filed a civil suit for vacant possession of disputed property and arrears of rent, which was partly decreed. After several proceedings, the second appeal affirmed the judgment and decree passed by the First Appellate Court. The appellant filed a writ petition seeking various reliefs related to the proceedings and the execution of the decree.
Finding of the Court:
The court found that the relief sought by the appellant could not be granted in the writ petition and that the issues raised were already considered and decided by the High Court under different jurisdiction. The court also noted that the appellant did not bring certain matters to the notice of the court and deprecated the appellant's conduct in raising arguments in the appeal.
Issues: The issues revolved around the relief sought by the appellant in the writ petition, including the authority of the proceedings, the appellant's right to execute the decree, and entitlement to receive commission on the sale of petroleum products.
Ratio Decidendi: The court held that the relief sought by the appellant could not be granted in the writ petition and that the issues raised were already considered and decided by the High Court under different jurisdiction. The court also emphasized the importance of bringing relevant matters to the notice of the court and deprecated the appellant's conduct in raising arguments in the appeal.
Final Decision: The appeal was dismissed as the court found it devoid of any substance.
JUDGMENT
Parth Prateem Sahu, J. - The appellant appearing in person has questioned the impugned order dated 21.08.2019 passed by learned Single Judge in Writ Petition No.5799 of 2006 whereby writ petition filed by him was dismissed.
2. Facts of the case in nutshell, are that, the appellant filed a civil suit for vacant possession of disputed property therein along with arrears of rent, which was decreed in his favour partly. Against which, he preferred first appeal and in first appeal, decree of possession along with mesne profit has been granted in his favour. Arising out of judgment and decree passed by learned First Appellate Court, several other proceedings were initiated and after conclusion of miscellaneous civil case and other proceedings, ultimately, second appeal was also decided affirming the judgment and decree passed by First Appellate Court.
3. The appellant/petitioner has filed writ petition by pleading the facts of earlier cases and the manner, in which, earlier proceedings have been taken place, seeking following reliefs:
^^71 ?kks"k.kk fd;k tkos fd mRrjoknhx.k dks ;kfpdkdrkZ ds fo:} yk;k x;k fofo/k okn] fofo/k vihy ,oa f}rh; vihy mRrjoknhx.k }kjk fcuk fdlh vf/kdkfjrk ds QkYl
72 ?kks"k.kk fd;k tkos fd ;kfpdkdrkZ dks fMdh;ka ds fu"iknu dk vf/kdkj gSA
73 ?kks"k.kk fd;k tkos fd lu~ 1997 ls dCtk izkIr djus dh vof/k rd ;kfpdkdrkZ ds Hkwfe ij isVªksafy;e inkFkZ ds fod; ds vk/kkj ij Hkkjr isVªksfy;e }kjk Lohdr deh'ku vkfn dks ;kfpdkdrkZ izkIr djus dk vf/kdkjh gSA
74 ;g fd mRrjoknhx.k ls iwNk tkos fd U;k;ky; es tek fd;s x;s jde gSa dgka ls vk;k iw.kZ fooj.k ns mldk Lkzksr ogka ls rFkk d0 }kjk Hkqxrku dc fd;k x;k iw.kZ fooj.k nsA rFkk 5000@& #0 cSd Mk¶V fdlds }kjk cuok;k x;k Fkk bl lc/k es iw.kZ fooj.k nsA^^
4. Perusal of reliefs sought for by the appellant in writ petition shows that appellant has sought relief for declaring the proceedings of miscellaneous civil case, miscellaneous civil appeal and second appeal against the appellant to be filed without any authority; declare that the appellant is having right to execute the decree and further declare that the appellant is entitled to receive commission on the sale of petroleum products since 1997 till he acquired the possession of property in dispute in civil proceedings and one other in a question form.
5. Learned Single Judge while considering the facts of the case, dismissed the writ petition recording that no relief as sought by the petitioner in writ petition can be granted to him and for executing any decree, in his favour no further order/direction for his entitlement to execute the same is required.
6. Submission of appellant is that learned Single Judge decided the writ petition without considering the amendment application pending consideration of relief clause. He further submits that learned Single Judge has not considered that respondent No.1 while projecting himself as Principal Officer has committed fraud in proceedings of miscellaneous case, and further that respondent in collusion with the dealer of petrol pump, was doing sale of petroleum products over land in dispute without bringing it to the knowledge of company and distributing commission. He also submits that learned Single Judge was having knowledge of distribution of commission from the business of sale of petroleum products over the land, subject matter of civil dispute (civil litigation). He also submits that the learned Single Judge ought not to have heard and decided the writ petition and in view of above submission, he prays that impugned order should be interdicted.
7. We have heard the appellant in person and perused the record carefully.
8. The appellant has not argued that he has brought to the notice of the Court of the fact of pendency of an application for amendment and he wants to press the said application or he has made a prayer that this writ petition may be an exception to that Court.
9. As the appellant has not brought to the notice of the Court that the writ petition may be
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.