Evangelical Church Of India vs Evangelical Christian Church Of ...
2020 Latest Caselaw 3102 Del

                                      $~2

                                      * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      %                                        Judgment delivered on: 12.11.2020

                                      +       CM(M) 569/2020
                                              EVANGELICAL CHURCH OF INDIA ..... Petitioner
                                                                      versus

                                              EVANGELICAL CHRISTIAN CHURCH OF INDIA AND ANR
                                                                     ..... Respondents

                                      Advocates who appeared in this case:
                                      For the Petitioner:    Mr. Praveen Suri, Advocate.


                                      For the Respondents:    Mr. P.C. Mittal, Advocate.

                                      CORAM:-
                                      HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                                                          JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL.28961/2020 (exemption) Exemption is allowed subject to all just exceptions. CM(M) 569/2020 & CM APPL.28962/2020 (for directions)

1. The hearing was conducted through video conferencing.

2. Petitioner is aggrieved by the deferment of the execution proceedings.

3. It is pointed out that the suit was filed on 29.10.1986 awhich was decreed in favour of the petitioner on 05.05.2007. Thereafter, the subject execution petition was filed on 23.07.2007. The execution proceedings were stayed and adjourned sine die in view of the appeal filed by the

Digitally Signed By:KUNAL MAGGU Signing Date:13.11.2020 10:41:56 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.

judgment debtor. The appeal was finally disposed of by order dated 18.01.2012 in terms of a compromise arrived at between the Decree Holder and the Judgment Debtor.

4. Thereafter when the execution proceedings were once again revived, objections were filed by some of the respondents.

5. Keeping in view the fact that the original proceedings commenced in the year 1986 and the execution petition was filed in the year 2007 and is still pending, without commenting on the merits of the case of the either parties, it would be appropriate to direct the Trial Court to expedite the execution proceedings and endeavour to dispose of the same within a period of 4 months from the next date before the Trial Court, i.e., 21.01.2021.

6. It is clarified that this Court has neither considered nor commented on the merits of the case of the either parties.

7. Petition is allowed in the above terms.

8. Copy of the Judgment be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.

NOVEMBER 12, 2020 SANJEEV SACHDEVA, J st

Digitally Signed By:KUNAL MAGGU Signing Date:13.11.2020 10:41:56 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.