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VIKRAM AGGARWAL
Vinod Kumar – Appellant
Versus
Balwant Ram – Respondent
JUDGMENT
Mr. Vikram Aggarwal, J. (ORAL)
The present revision petition, preferred under Article 227 of the Constitution of India seeks a direction to the Executing Court at Dhuri to decide Execution Application No.91 of 2019 titled as ' Vinod Kumar v. Balwant Ram ' in a time bound manner in view of the directions issued by the Hon'ble Apex Court in the case of Rahul S. Shah v. Jinendra Kumar Gandhi and others (2021) 6 SCC 418.
2. The case of the petitioner is that the petitioner filed a rent petition seeking eviction of the respondent from a residential property situated in Ward No.5, Park Road, Dhuri, District Sangrur (fully described in the eviction petition). The same was allowed vide judgment dated 29.01.2018 (Annexure P-2). An appeal was preferred by the respondent but the same was dismissed by the Appellate Authority, Sangrur vide judgment dated 14.09.2022. During the pendency of the appeal, an application had been filed by the petitioner seeking mesne profits from the respondent. Rs.1500/- per month were assessed as mesne profits and a direction was issued to the respondent to pay the mesne profits along with arrears of rent within one month from the date of the order i.e. 20.0
Execution petitions must be resolved within six months of filing to prevent undue delays in justice delivery.
The main legal point established is the court's discretion to grant stay of execution subject to the petitioner's compliance with the undertaking of payment of mesne profits and the automatic vacatio....
The Execution Court must dispose of the execution proceedings within six months from the date of filing, with the possibility of extension only by recording reasons in writing for such delay.
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....
: Emphasizing expeditious disposal of execution petitions as per legal provisions and prior directives.
The executing Court cannot go behind the decree and must execute it according to its tenor, and cannot entertain objections to the decree's correctness in law or on facts, unless it is a nullity or p....
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