Shiv Prasad Gupta [U/A 227] vs Civil Judge, (S.D.) Faizabad, ...
2012 Latest Caselaw 5503 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?AFR
 
Court No. - 14
 

 
Case :- MISC. SINGLE No. - 6245 of 2012
 

 
Petitioner :- Shiv Prasad Gupta [U/A 227]
 
Respondent :- Civil Judge, (S.D.) Faizabad, Distt. Faizabad & Another
 
Petitioner Counsel :- D.P. Mishra
 
Respondent Counsel :- Manish Kumar
 

 
Hon'ble Saeed-Uz-Zaman Siddiqi,J.

Heard learned counsel for the petitioner as well as learned counsel for the opposite party No. 1.

By means of this writ petition, the petitioner has sought for writ in the nature of mandamus directing the Learned Civil Judge, Senior Division, Faizabad, District- Faizabad to decide Execution Case No. 30 of 1999 (Shiv Prasad Gupta v. Girja Devi) as expeditiously as possible.

Brief facts of the case are that the petitioner filed Regular Suit No. 89 of 1996, which was decreed on 28.08.1999.  Civil Appeal No. 17 of 1999 was filed against judgment and decree by the defendant, which was dismissed with cost, vide judgment and decree dated 27.09.2006, but the execution case is not being proceeded by the Learned Executing Court.  Unmindful of the fact that the aggrieved person, who has got the decree the civil court, particularly, in a suit relating to 1996 is unable to enjoy the fruits of the decree, which is the basic duty of any court of law.  The learned Trial Court has not taken cognizance of the fact that the execution case is pending for the last 10 years.  What is the use of coming to the Court for filing suits, moving applications for execution, without any results ?  It is a mockery of justice which amounts to making judicial system to ridicule.  The learned Executing Court must take note of the fact, that it is the pious duty of a Court of law to ensure implementation of its orders.  Mere paper justice will bring back the mechanism of justice to square one.  A court of law functions to do effective justice between the warring parties.  With this view of the matter, execution is the only mode to complete justice between the parties.  In fact, the executing court has to function as a friend of the decree holder, not in the interest of the decree holder, but in the interest of judicial mechinery, as a whole.  No human being can  imagine a piece of judgment, in his law, without any consequence.  The decree must be executed without delay and, as far as possible, forthwith.

With these observation, the writ petition is disposed of with a direction to the learned Executing Court to dispose of the execution case within six months.

Order Date :- 6.11.2012

Nitesh