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| Court issues notice to CE PDD for failing to obey, execute decree | | | Early Times Report
JAMMU, Sept 3: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh issued notice to Chief Engineer, PDD Electricity and Maintenance Division Jammu as to why he should not be directed to suffer civil detention in conformity with mandate of Order 21 Rule 32 of CPC read with Section 51 thereof for failing to obey and execute decree in question.
CJM also directed that copy of this order shall not only be sent to judgment Chief Engieener for compliance but also to Chief Secretary of the UT of J&K for information so that abdication on the part of predecessors of judgment Chief Engineer if any in executing decree in hand can also be fixed and dealt with according to law.
This significant order has been passed in a 12 years old execution.
CJM Jammu Amarjeet Singh Langeh judgment debtor no. 2 namely Chief Engineer, PDD Electricity and Maintenance Division Jammu was mandated to shift the poles outside the boundary wall of residential house of decree holder by way of decree dated 29.11.2008. During the pendency of the proceedings, judgment debtor no. 2 filed objections and expressed his inability to execute the decree in hand primarily on the premise of no suitable alternate space being available for shifting all poles on account of the area having become over-crowded. Judgment debtor no. 2, hereinafter referred to as Judgment debtor - then seems to have taken recourse to routine bureaucratic stand that he has directed concerned Executive Engineer Division-II to take up the matter with Revenue/Nazool/JDA/JMC for making some land available so that needful can be done and has thus washed his hands off.
Court further observed that record indicates that time and again opportunity of obeying the decree has been granted to judgment debtors but of no avail. Decree under execution having remained un-assailed for last more than 12 years and having thus attained finality, now it does not lie in the armoury of judgment debtor to virtually nullify the same by saying that since no alternate space is available, he therefore cannot shift the poles in order to obey more than 12 years old dictum of the court more so when the decree under execution is not an exparte decree and was passed in presence of both the parties.
CJM Jammu observed that having regard to the totality of the circumstances spelt out hereinabove as also considering the mandate of order 21 Rule 32 of CPC, judgment debtor is once again given an opportunity to forthwith execute decree under execution by shifting the poles as mandated by it - by or before next date of hearing failing which not only coercive process for satisfying the decree be taken re-course to but judgment debtor no. 2 be also put on notice as to why he should not be directed to suffer civil detention in conformity with mandate of Order 21 Rule 32 of CPC read with Section 51 thereof for failing to obey and execute decree in question.
—JNF |
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