JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

CM APPL. 14914/2023 (Exemption)

1. This is an application seeking exemption from filing certified copies of the annexures/documents.

2. Exemption is allowed, subject to all just exceptions.

3. The application stands disposed of.

CM(M) 498/2023

4. The petitioner challenges the order dated 17.02.2023 passed in Execution Civil No. 1145/2018 titled ‘Meenakshi Gupta vs. Sanjay Kumar Sajan’, whereby the learned Executing Court has dismissed the objection filed by the petitioner/judgment debtor under Section 47 read with Order XXI Rule 58 of the Code of Civil Procedure, 1908 (hereinafter as “CPC”).

5. Mr. Abhas Kumar, learned counsel appearing for the petitioner submits that the learned Executing Court vide impugned order has summarily dismissed the objections filed by the petitioner and has simultaneously appointed bailiff to attach the properties of the petitioner/judgment debtor.

6. Learned counsel submits that the learned Executing Court ought to have examined the objections so raised for the purpose of ascertaining whether there is any ground at all for interfering with the execution proceedings.

7.