Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA, J.
Devta Shri Shyati Nag (Shesh Nag) and Others – Petitioners
Versus
Himat Ram and Others – Respondents
CMPMO No. 711 of 2023
Decided On : 11-01-2024
Judicial Intervention - Execution Proceedings - The court requested the learned Civil Judge to make efforts for concluding the Execution Proceedings within five months in accordance with law, subject to docket of cases.
Fact of the Case:
The petition originates from Execution Petition No. 30 of 2018 seeking execution of the decree dated 08.11.2012, which is pending before the Civil Judge, Junior Division Chahiot at Gohar, District Mandi, H.P.
Finding of the Court:
The court, conscious of the limits of judicial intervention, requested the learned Civil Judge to make efforts for concluding the Execution Proceedings within five months in accordance with law.
Issues: Delay in execution proceedings.
Ratio Decidendi: The court's decision was influenced by the mandate of the Hon’ble Supreme Court in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi and Others, (2021) 6 SCC 418, which emphasized the need for timely conclusion of execution proceedings.
Final Decision: The court directed the learned Civil Judge to make efforts for concluding the Execution Proceedings within five months in accordance with law, subject to docket of cases, and disposed of the petition and pending miscellaneous applications accordingly.
JUDGMENT :
RANJAN SHARMA, J.
1. This petition originates from Execution Petition No. 30 of 2018 seeking execution of the decree dated 08.11.2012 (Annexure P-1), which is pending before the Civil Judge, Junior Division Chahiot at Gohar, District Mandi, H.P. titled as Devta Shyati Nag (Shesh Nag) and Others vs. Himat Ram and Others.
2. Learned counsel for the petitioners submits that the execution proceedings are not making headway and are being undertaken at a slow pace. Though this Court, is conscious of the limits of judicial intervention in such matters. However, keeping in view the mandate of the Hon’ble Supreme Court, in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi and Others, (2021) 6 SCC 418 relied upon by this Court in CMPMO No. 617 of 2023, titled as Tilak Raj vs. The Chalet Co-operative Agriculture Services Society Ltd. and Another decided on 08.11.2023, this Court requests the learned Civil Judge, Chachiot at Gohar, District Mandi to make efforts for concluding the Execution Proceedings (Ex. Petition No. 30 of 2018), in accordance with law, subject to docket of cases, within five months from today.
3. Consequently, upon the passing of above order, the Registry of this Court is directed to inform the learned Civil Judge, Chachiot at Gohar (District Mandi, H.P.) and also the respondents so as to enable them to participate in the proceedings, on the date to be fixed, by the Court below.
4. In aforesaid terms, the instant petition as well as the pending miscellaneous applications, if any, shall also stand disposed of, accordingly.
The need for timely conclusion of execution proceedings as emphasized by the Hon’ble Supreme Court.
: Emphasizing expeditious disposal of execution petitions as per legal provisions and prior directives.
The central legal point established in the judgment is the court's power to direct the executing court to expeditiously dispose of the execution petition and ensure compliance with previous court ord....
The court mandates strict adherence to six-month timelines for execution proceedings, allowing extensions only for valid reasons, emphasizing accountability of executing courts and preventing undue d....
The importance of expeditious disposal of cases and avoidance of unnecessary adjournments.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
