Allahabad High Court
Devendra Kumar Jain And Another vs Kabool Singh @ Kabool Chand And 10 Others on 30 January, 2023
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 11489 of 2022 Petitioner :- Devendra Kumar Jain And Another Respondent :- Kabool Singh @ Kabool Chand And 10 Others Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh Counsel for Respondent :- Sandeep Kumar Choudhary Hon'ble Ajit Kumar,J.
Heard Sri Ashish Kumar Singh, learned counsel for the petitioners and Sri Sandeep Kumar Choudhary, learned counsel for the contesting respondents/ judgment debtor.
Petitioners are aggrieved against the order passed by the executing court dated 20.01.2022, whereby, section 5 application filed under the Indian Limitation Act, 1963 for condoning the delay in filing the restoration application has been allowed. Learned counsel for the petitioners, however would agree that the restoration application is yet to be decided on merits.
The grievance basically raised by the petitioners' counsel is that the certain observations that have made in the judgment that may have bearing upon the merit of the case also at the time of consideration of restoration application or in the event restoration is allowed at the time of disposal of the execution application. The petitioner who is an auction purchaser is entitled to the refund of Rs. 80,000/- which has been deposited with the executing court. This Court on 23.03.2007 had allowed the misc. writ petition filed against the order passed in revision which according to the learned counsel for the petitioners has not been complied with as far as their right to refund is concerned.
Be that as it may, since the matter of restoration is still pending before the Court and only delay has been condoned, I refused to grant any indulgence at this stage. However, I may observe that the observations made by the court below while allowing delay condonation application shall be taken to have been made only for the purposes of delay condonation application. The restoration application shall be disposed of on its own merit after hearing both the parties.
With the aforesaid observations, this petition is consigned to records.
Order Date :- 30.1.2023 IrfanUddin