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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Kanwar Naresh Singh Sodhi – Appellant
Versus
State Of Punjab – Respondent
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
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....
(1) Inordinate delay in execution of decree - Pure civil matters take a long time to be decided and it does not end with a decision, as execution of a decree is an entirely new phase in long life of ....
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