M.C.No.612 of 2023

M.C.No.611 of 2023

R.P. No.70 of 2023

                 Heard learned counsel for the revision petitioner. 

2.        Learned counsel for the revision petitioner submitted that  since the impugned order has been passed in execution case No.06/2023, the same has been challenged. He submits that the order dated 13.06.2023 has been challenged but it was wrongly typed as the order dated 13.06.2022. As such there is no delay in filing revision petition.  The office has not pointed out objection. Therefore, the limitation as pointed out by the office is ignored.He submitted that the bailable warrant of arrest has been issued against the O.P but he has complied the order passed in Misc.case No.22/2022. Further, he submitted that the complaint case has not been disposed of  and pending the complaint case, execution case has been started to comply the impugned order. He also submitted that when  the order has been complied no further proceeding survived. Therefore, he filed the present revision petition to set aside the impugned order dated 13.06.2023  and pass appropriate order.

3.      Considered the submission.Perused the impugned order which is  passed by the learned District Commission and same is as follows:-

“xxx                         xxx                          xxx

Admittedly C.C.No.43/22 is pending for hearing. The Jdr no.5 has only paid a sum of Rs.2,50,000/- but not complied the order fully i.e to settle the claim amount with Rasmi Motors within one month. It is the duty of Jdr No.3 to repair the vehicle. The vehicle is with Rasmi Motors for about one and half year which seriously affects the earning of DHr. Both the J.Dr no.3 and 5 are responsible to hand over the D.Hr after repair to the D.Hr. In this case there is inordinate delay in repair and handing over to the D.Hr payment of Rs.2,50,000/- by the J.Dr.3 is not compliance of the order passed in Misc.Case. Hence issue B.W against the J.Dr no.5 for appearance fixing Dt.18.07.2023. Dhr is directed to file requisites.”

4.   The above order clearly shows that a sum of  Rs.2,50,000/- has already been paid by  the petitioner to Jdr.no.3 to repair the vehicle in pursuance to the order passed in   C.C.Case No.22 of 2022. When the complaint case is pending the impugned order passed in execution case as stated above needs not to be passed. Therefore, we interfere with the impugned order and set aside the said impugned order. We hereby direct the learned District Commission to proceed with  the complaint case and disposed of by passing  speaking order in accordance with law within 60 days from the date of receipt of this order. The petitioner is directed to place copy of this order and   appear before the learned District Commission on 18.07.2023 to take further instruction from it.  

         Revision petition is disposed of accordingly.