mGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition fO No. 7068 of2007 PETITIONER : M/s Kukreja Builders, Registered partnership firms, through its partner and power of attorney holder Shri Mahesh Kukreja S/o Jairamdas Kukreja, aged about 34 years, resident of Katora Talab,Raipur(CG). VERSUS RESPONDENT : Shri Dhiraj Lal Mehta, son of late Shri D.C. Mehta, aged about 78 years, resident of B-152 M.1. Colony Shailendra Nagar, Raipur (CG). (WMT PETmON UNDER ARTICUS 227 OF THE CONSTmjTION OF INDIA) (SB: Hon'ble Mr. Satish K. AgnBiotri, J.) Present : Shri Ashok Patil, Advocate for the petitioner. Shri Ashok Soni, Advocate for the respondent. ORAL ORDER (Passed on 23rd day of September, 20( ) 1. The petitioner, by this petition, filed under Article 227 of the Constitution of India, is not seeking quashing of any order passed by the Court below. However, he seeks a direction to the respondent to pay a sum of Rs. 2,75,328/- as taxes charged by the authority concemed. 2. In exercise of supervisory jurisdiction, the Court has to look into the irregularity, infinnity and jurisdictional error, ifany, committed by the Court/Tribunal below. This is not a case here. 3. Admittedly, fhe compromise decree between the petitioner and respondent was passed on 01.10.1999 by tiie IInd Civil Judge Class- II, Raipur (Annexure P/2), in Civil Suit No. 64 A/98. The said compromise decree is still pending consideration before the Executing Court. ^\ »..-.. i:i 1 ^%^y./ v^?""\^i!v 4. According to Shri Soni, leamed counsel appearing for the respondent, the execution is not proceeding on account of one or other reasons. Thus, this petition is not maintainable, as the petitioner is not challenging any order passed by Ihe Court below, which according to petitioner, is illegal and suffers from infinnity or jurisdictional error. Since the compromise decree has been passed by the competent Civil Court and 1he decree is pending execution before the Executing Court, no such relief, as sought for by the petitioner can be granted in exercise of supervisory jurisdiction by this Court under Arricle 227 of the Constitoition of India. The petition is meritless, fiivolous and amounts to misuse ofjudicial process. 5. The petition is accordingly dismissed in limine. Sd/- SatishK.Ag Judge Sahu