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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKRAM AGGARWAL
Sudershan Sewa Trust Amritsar – Appellant
Versus
Vishnu Processors Amritsar – Respondent
JUDGMENT :
Vikram Aggarwal, J. (Oral)
The present petition has been preferred under Article 227 of the Constitution of India for the issuance of directions to the executing Court i.e. the Court of the Additional Civil Judge (Sr. Divn.), Amritsar to decide the execution petition bearing EXE No.80 of 2021, titled as M/s Sudershan Sewa Trust V/s M/s Vishnu Processors.
2. Learned counsel for the petitioner submits that upon an eviction petition preferred by the petitioner (Sudarshan Sewa Trust, Amritsar) under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, eviction order was passed on 20.08.2014 (Annexure P-1). Aggrieved by the same, an appeal was preferred by the respondent on 06.10.2014. Vide order dated 27.07.2015 (Annexure P-2), the operation of the eviction order was stayed and mesne profits @ 4.5 per sq. ft. per month which came to Rs.2,13,145/- per month were fixed. A revision petition was preferred by the tenant against the said order and vide order dated 03.02.2016 (Annexure P-3), this Court modified the order dated 27.07.2015 and fixed the mesne profits @ 3.50 p. per sq. ft. per month. Since the tenants failed to comply with the said order, the revision petition
Execution Courts must prioritize timely disposal of execution petitions as per Supreme Court guidelines to uphold judicial efficiency and integrity.
Execution petitions must be resolved within six months of filing to prevent undue delays in justice delivery.
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.
: Emphasizing expeditious disposal of execution petitions as per legal provisions and prior directives.
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....
Stay of execution proceeding – Judgment and decree obtained by sole respondent in Eviction Suit cannot be denied on the ground of pendency of partition suit which is not pursued by petitioner.
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