Decisions on the W/A Recall Petition in an Execution Case (Family)
Seen. Heard. The record is taken up for passing necessary order. Perused the W/A recall petition along with submitted documents and the materials available on the record. Upon such perusal, it vividly appears that this is an execution case (money) arising out of an ex parte order and decree passed in the original money suit No. 02/2011. Upon application by the decree-holder of the execution case, a warrant of arrest (W/A) has already been issued against the judgment-debtor for the realization of money payable to the decree-holder by virtue of the aforesaid ex parte decree. Now, the petitioner (judgment-debtor) has turned up before the court seeking for recalling the W/A issued against him.
The
contention of the petitioner goes on that a Civil Revision (No. 49/2018)
instituted by him is now pending before the honorable Ld. District Judge Court
against the order No. 60 dated 01/11/2018 passed in the original suit. What the
Order challenged as such reveals that the day was fixed for ex parte hearing and the defendant (now
petitioner) placed a time-petition but the same was not allowed. Then, the Ld.
court of the first instance recorded evidence(s) of the PW 01-02; and
thereafter, an ex parte order and decree
followed (passed on 28/01/2019).
Accordingly,
it lucidly transpires that the very ex
parte order and decree now under execution is not challenged by the
petitioner in any lawful means (e.g.,
appeal or miscellaneous case). Rather, merely an order disallowing a
time petition before the ex parte
order was passed by the original court is now under the aforesaid civil revision
before the honorable Ld. Court. Moreover, the petitioner provides no
information as to the existence of any order that warrants a stay in whatsoever.
Even, the petitioner neither prayed to this executing court for the stay of the
instant execution case under Order-21, Rule 26 of the Code, nor shown any
sufficient cause so far. Being such a case, it is the court’s view that it
finds no cogent reason to recall the W/A issued against the petitioner. Hence,
it is ordered that the petition dated 27/09/21 is not allowed.