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2025 Supreme(P&H) 1704

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA, J.
 
Kanwar Naresh Singh Sodhi – Appellant 
Versus
State Of Punjab And Others – Respondent 
CM-4553 of CII-2025 in CR-2181 of 2023
Decided On : 01-08-2025
 

Advocates Appeared:
For the Appellant :Mr. Vivek Suri, Advocate Mr. Abhishek Sanghi, Advocate Mr. Dushyant Godara, Advocate Ms. Kritika Sharma, Advocate for the petitioner.
For the Respondent: Mr. Animesh Sharma, Addl. A.G.

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 delays in justice.

Headnote:(A) Code of Civil Procedure, 1908 - Order 21 - Execution proceedings initiated in 2015 and delayed through multiple applications for extensions - Court mandates timely execution of decrees and expresses concern over delays by Executing Court and judgment debtors - Repeated extensions granted indicate improper accommodation of State's dilatory tactics - No further indulgence will be shown. (Paras 33-54)

(B) Execution of Decrees - It is the duty of the Executing Court to comply within the stipulated six-month period, barring unavoidable delays, maintaining public confidence in justice delivery. (Paras 39-42)

(C) Judicial Oversight - The authority of Executing Courts must be exercised diligently to prevent delays in justice, with a focus on adherence to binding judgments. (Paras 50-54)

Facts of the case:
The execution petition was filed in 2015 and endured substantial delays attributed to repeated extension requests by the Executing Court, ostensibly in response to the Government's inability to comply with an unchallenged judgment from 2017, thus harming the decree holder's interests.

Findings of Court:
The Court directed the Executing Court to complete the execution process within two months without any further extension, underscoring the need for compliance with procedural time limits.

Issues: Core issues included the legitimacy of multiple time extensions, the responsibility of the Executing Court, and the State's contribution to the delays.

Ratio Decidendi: The court reaffirmed that execution proceedings must be concluded within six months, highlighting the Executing Court's failures and emphasizing the duty to uphold judicial orders while discouraging further extensions.

Result: The Executing Court is ordered to complete the execution in two months, with no further extensions permitted.

JUDGMENT :

SUDEEPTI SHARMA, J.

1. The present revision petition was filed in the year 2023 and vide order dated 17.04.2023, this Court disposed of the present revision petition with a direction to the Executing Court to dispose of the execution filed by the petitioners expeditiously but not later than 6 months. The order was passed on 17.04.2023, since then the Executing Court is asking for extension of time to decide the execution filed by the petitioner.

2. The relevant para 5 of order dated 17.04.2023 passed by this Court in CR-2181-2023 is reproduced as under:-

“5. Be that as it may, since execution proceedings were initiated almost 8-year ago in the year 2015 and despite petitioner having got a decree in his favour, he is yet seeking execution of the same in his favour, it is expected of learned Executing Court that it shall proceed further in the matter without granting unnecessary adjournments and dispose of the same as expeditiously as possible, but not later than 6 months.”

3. Thereafter, application for extension of time dated 26.09.2023 was moved by Ms. Lovepreet Kaur, PCS, Civil Judge, Junior Division, Guruharsahai, which was received by Registrar General of this Court on 28.09.2023.

4. The application for extension of time dated 26.09.2023 is reproduced as under:-

“It is humbly submitted that at the time of passing of the aforesaid order dt.17.04.23 by the Hon'ble Punjab & Haryana High Court, the case was pending for filing reply by the Govt. Pleader to the application of the Decree Holder. Later on, after filing the reply by Govt. Pleader, the said application was disposed of vide order dt.08.05.23 vide detailed order wherein directions were issued to SSP and SHO concerned to look into the matter personally and to provide requisite police assistance. Also the Collector Ferozedur was intimated through separate letter alongwith copy of order of the Hon'ble High Court. Thereafter, warrants of possession were issued which were received back unexecuted as the list of property does not pertain to the property of which possession is to be granted to the Decree holder. Thereafter, again concerned Tehsildar was summoned upon which, Kanugo Suninder Kaur appeared and made statement that jamabandi is regarding property owned by Gram panchayat and case was further adjourned for issuance of fresh warrants of possession and the Decree holder was directed to furnish requisite list of property within stipulated time. However, in this case, warrants of possession were duly issued time and again but the same could not be executed due to the various specified reasons i.e. police assistance was not readily available as the same was pre-occupied and engaged in flood affected areas. In this context, the worthy SSP Ferozepur was separately directed to comply the order regarding execution of warrants of possession vide detailed order dt.08.05.23 (by providing requisite police assistance for execution of warrants of possession in timely manner and on promptness basis by looking into the matter by paying personal attention). Separate intimation directing the worthy Deputy Commissioner Ferozepur, who is also one of the Judgment Debtors in execution proceedings, was also issued to direct the machinery concerned regarding execution of warrants of possession.

However, in the meanwhile, an application Under Order 21 Rule 32 CPC was filed by Decree holder. Similarly, another miscellaneous application was filed by Judgment debtors No.3 and 4 for de-attachment of land on behalf of gram panchayat. Thereafter, none appeared on behalf of Government pleader/judgment debtors No.1,2,5 to 7 for two consecutive dates of hearing due to which the above said miscellaneous applications could not be disposed of in time and the case was slated for 20.09.23, on which date of hearing, another adjournment was sought by Sh. Navroop Singh SDE on behalf of XEN, PWD (B&R) Ferozepur for filing reply to the application under Order 21 Rule 32 CPC vide his separately recorded sta

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