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2011 Supreme(All) 2070

PANKAJ MITHAL
SURESH PAL – Appellant
Versus
TEK CHAND – Respondent


Advocates:
Counsel :
Rajeev Sharma for the Petitioner.

JUDGMENT

Hon’ble Pankaj Mithal, J.—Heard Sri Rajeev Sharma, learned counsel for the petitioner.

An agreement to sell plot No. 484 measuring 100 sq. yards situate in Mohalla-Rajeev Bihar, Hapur, District Ghaziabad, was executed in favour of the petitioner on 17.7.91. Petitioner’s Suit No. 86 of 92 for specific performance of the said agreement was decreed on 24.4.1996. The said decree is said to have attained finality. Petitioner moved application for the execution of the above decree which has been registered as execution case No. 22 of 2005.

2. The grievance of the petitioner in the present writ petition is that in the above execution the parties are represented but the execution is not being decided. He has prayed for direction for time bound decision of the aforesaid execution proceedings.

3. The execution was filed as for back as in the year 2005. The order sheet reveals that the execution has been adjourned for one reason or the other. The petitioner does not appear to be responsible for any delay.

4. The Apex Court in Hussainara Khatoon and others v. State of Bihar, AIR 1979 SC 1360, held that any procedure which does not ensure a reasonable quick trial cannot be regarded as f

















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