Mohd Yusuf vs Kanwar Singh Saini Since Deceased ...
2025 Latest Caselaw 3628 Del

Delhi High Court

Mohd Yusuf vs Kanwar Singh Saini Since Deceased ... on 30 May, 2025

                          $~24
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                Date of Decision: 30th May, 2025
                          +    CM(M) 1022/2025 & CM APPL. 33542-33543/2025
                               MOHD YUSUF                             .....Petitioner
                                              Through: Mr. Shree Prakash Sinha with Mr.
                                                       Rakesh Mishra and Mr. Rishabh
                                                       Kumar, Advocates.
                                              versus

                                KANWAR SINGH SAINI SINCE DECEASED THOUGH LRS
                                                                      .....Respondent
                                             Through: None.
                                CORAM:
                                HON'BLE MR. JUSTICE MANOJ JAIN
                                             J U D G M E N T (oral)

1. Petitioner is a decree holder and has filed an execution petition which is registered as EX. 200/2023 titled as Mohd Yusuf vs Kanwar Singh Saini.

2. It seems that in the abovesaid Execution Petition, some objection has been filed by the Judgment Debtor himself.

3. The abovesaid objection petition was taken up by learned Executing Court on 29.04.2025 and following order has been passed:-

"18

MOHD. YUSUF VS. KANWAR SINGH SAINI

29.04.2025

Present: Sh. Rakesh Mishra, Ld. counsel for the DH alongwith DH.

Sh. Roshan Lal Saini, Ld. counsel for the JD alongwith LRs i.e. JDs No.1B/Sh. Vikram Saini and 1C/Sh. Gaurav Saini.

1. Arguments on objections heard.

2. Be listed for clarifications on 21.07.2025."

4. The sole grievance of the decree holder, and rightly so, is to the effect that the learned Execution Court should have decided the objections expeditiously, instead of postponing the objection petition for a period of around three months and that to for simply clarification and not even for orders.

5. This Court is conscious of the specific directions given by the Hon'ble Supreme Court in Periyammal v. V. Rajamani, 2025 SCC OnLine SC 507 which mandates expeditious disposal of Execution Petition.

6. When the arguments on the Objection Petition had been heard by the learned Execution Court, such a long date should not have been given.

7. None appears on behalf of respondents despite advance notice.

8. Be that as it may, in view of the facts presented before this Court, the present petition is disposed of with direction to learned Executing Court to take up the abovesaid petition afresh and to give a shorter date for disposal of the objection petition.

9. The parties are, accordingly, directed to appear before the learned Executing Court on 04.06.2025.

10. Learned Executing Court would, however, be at liberty to re-hear the arguments, if so required but once the arguments are concluded, the endeavour would be to dispose of the objection petition, as expeditiously as possible.

11. The petition stands disposed of in aforesaid terms.

12. Order dasti under the signatures of the Court Master.

(MANOJ JAIN) JUDGE MAY 30, 2025/sw/JS