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1 - 6 of 6 (0.38 seconds)The Code of Civil Procedure, 1908
Section 47 in The Code of Civil Procedure, 1908 [Entire Act]
The Land Acquisition Act, 1894
Rahul S Shah vs Jinendra Kumar Gandhi on 23 November, 2021
8. Under these circumstances, I am of the considered
opinion that the Executing Court was perfectly justified in rejecting
the application filed by the petitioner, which had been consequently
filed with an intention to protract the proceedings in execution so as
to deprive respondent No.1 - decree holder to enjoy the fruits of
the decree and the said conduct of the judgment debtor having
been deprecated by the Apex Court as well as this Court in several
judgments including the case of Rahul S.Shah Vs. Jinendra
Kumar Gandhi (2021) 6 SCC 418, I am of the view that the
Radhey Shyam & Anr vs Chhabi Nath & Ors on 26 February, 2015
NC: 2024:KHC-K:9630
WP No. 203616 of 2024
impugned order passed by the Executing Court cannot be said
have suffered from any illegality or infirmity nor can the same be
said to be capricious or perverse or resulted in miscarriage of
justice warranting interference by this Court in the exercise of its
jurisdiction under Article 227 of the Constitution of India as held in
Radhey Shyam Vs. Chhabi Nath - (2015) 5 SCC 423 case.
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