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2022 Supreme(Del) 1972

C. HARI SHANKAR
Sohan Lal – Appellant
Versus
Sohan Lal Passi – Respondent


Advocates appeared:
Pradeep Kumar, Advocate, for the Appellant in EX.S.A. 1/2019 & CM APPL 6642/2019.
Mohinder JS Rupal, Advocate, for the Respondent-1 in EX.S.A. 1/2019 & CM APPL 6642/2019 and EX.S.A. 3/2019 CM & APPL 12629/2019.
Atul Kumar Sharma, Advocate, for the A

JUDGMENT (Oral)

1. Both these appeals arise out of order dated 1st October, 2018, passed by the learned Additional District Judge ("the learned ADJ") in M.C.A. No. MCA/DJ/17/17 (Sohan Lal Passi v. Roop Ram).

2. This case is a classic example of the malaise to which the Supreme Court, with dismay, alludes in the following passages from its judgment in Rahul S. Shah v. Jinendra Kumar Gandhi, (2021)6 SCC 418:

    "22. These appeals portray the troubles of the decree-holder in not being able to enjoy the fruits of litigation on account of inordinate delay caused during the process of execution of decree.

    *****

    23. This Court has repeatedly observed that remedies provided for preventing injustice are actually being misused to cause injustice, by preventing a timely implementation of orders and execution of decrees. This was discussed even in the year 1872 by the Privy Council in General Manager of the Raj Durbhunga v. Coomar Ramaput Sing, 1872 SCC OnLine PC 16: (1871-72)14 Moo IA 605, which observed that the actual difficulties of a litigant in India begin when he has obtained a decree. This Court made a similar observation in Shub Karan Bubna v. Sita Saran Bubna, (2009)9 SCC 689: (2009)3 SC

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