SUBODH ABHYANKAR
Shambhudas Bairagi S/o Late Shri Motidas Bairagi – Appellant
Versus
Kamlabai Bairagi – Respondent
Based on the provided legal document, here are the key points:
ORDER :
1. This miscellaneous petition filed under Article 227 of the Constitution of India by the petitioner/judgment debtor against the order dated 28.01.2023, passed in Execution Case No.72/2016 by the Additional Judge to Civil Judge Junior Division, Petlawad District Jhabua; whereby, the application filed by the petitioner/judgment debtor under Order 9 Rule 7 of the Code of Civil Procedure, 1908 (hereinafter to be referred to as “CPC”), has been rejected on the ground of delay and conduct of the parties.
2. In brief facts of the case are that a suit for, declaration, title, possession, and permanent injunction was filed by Kamla Bai Bairagi and 2 others against Motidas Bairagi and four others. The present petitioner/Shambhudas Bairagi happens to be son of Motidas Bairagi. The aforesaid suit was decreed initially on 30.08.2001, and after some other proceeding of remand etc., finally S.A.No.43/2015 (Sampat Bai W/o Motidas Bairagi Vs. Kamlabai W/o Tolaram Bairagi) was also dismissed as barred by limitation filed by petitioner/defendant on 15.02.2018 (Annexure R-1).
3. In the aforesaid suit, the execution proceeding for the civil Suit no.16A/1988 was filed in the year 2013, and the co
The right of the petitioner to contest the matter in execution proceedings and the imposition of appropriate cost to allow participation, as provided under Order 9 Rule 7 of CPC.
No limitation under Article 137 for Order IX Rule 7 CPC; ex parte parties may participate in ongoing proceedings if good cause shown.
Exparte order - Interlocutory application - To reopen the case and record further evidence after the matter is reserved for pronouncement of judgment is not permissible.
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