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
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
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....
(1) To avoid controversies and multiple issues of a very vexed question emanating from the rights claimed by third parties, Court must play an active role in deciding all such related issues to the ....
The executing court has the authority to extend time for deposit of balance consideration in specific performance cases, but such discretion must be exercised judiciously, taking into account the rea....
Amendments to execution petitions may correct defects; simultaneous execution against debtor's person and property allowed under judicial discretion per CPC.
Execution of decree – Execution can proceed even if formal decree is not drawn – Quoting a wrong statutory provisions does not create a bar and stand in way of considering application.
Order 21 Rule 29 CPC applies only when both the execution proceedings and the suit between the decree-holder and judgment debtor are pending before the same Court. Section 151 CPC cannot be used to s....
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
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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