Gauhati High Court
Page No.# 1/4 vs On The Death Of Dinesh Kumar Jain on 27 June, 2025
Page No.# 1/4
GAHC010134852025
2025:GAU-AS:8809
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/236/2025
RAMMURTI YADAV GOALA
S/O LATE RAM CHARAN GOALA, R/O MEHERPUR, P.S.- SILCHAR, DIST-
CACHAR, ASSAM
VERSUS
ON THE DEATH OF DINESH KUMAR JAIN, HIS LEGAL HEIRS
NAMELY
1.1:HULAS CHAND JAIN
(BROTHER)
C/O NIRMAL KUMAR HULAS CHAND AND CO.
SAIDING BAZAR
TINSUKIA-786125
ASSAM
1.2:MAHABIR PRASAD JAIN
(BROTHER)
C/O UFM INDUSTRIES LTD.
MEHERPUR
SILCHAR-788015
ASSAM
1.3:AROOP DEVI JAIN
(SISTER)
C/O SETHI FLOUR MILLS LTD.
CHARGAWAN
GORAKHPUR-273013
UTTAR PRADESH
1.4:GITA DEVI JAIN
(SISTER)
W/O SRI PRAKASH CHAND JAIN
HOUSE NO. 17
Page No.# 2/4
AJC BOSE ROAD LANE
HAILAKANDI ROAD
MEHERPUR
SILCHAR-788015
ASSAM
1.5:MANJUL DEVI JAIN
(SISTER)
W/O LATE MANIK CHAND JAIN
NATIONAL HIGHWAY
SILCHAR-788005
CACHAR
ASSAM
1.6:SAROJ DEVI JAIN
(SISTER)
W/O LATE RATAN LAL SARAOGI
BSS TRAVELS
15TH FLOOR
SRCB ROAD
FANCY BAZAR
GUWAHATI-781001
ASSAM
1.7:SANTOSH GANGWAL
(SISTER)
W/O SRI VIJAY KUMAR GANGWAL
D-45
SHUBHAM ENCLAVE
PASCHIM VIHAR
NEW DELHI-11006
Advocate for the Petitioner : MR G N SAHEWALLA, MR M SAHEWALLA,MS. S. TODI,MD
ASLAM
Advocate for the Respondent:
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 27.06.2025
Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. S.
Agarwal, learned counsel for the petitioner.
2. This petition, under Article 227 of the Constitution of India read with
Page No.# 3/4
Section 151 of the Code of Civil Procedure, 1908, the petitioner has prayed for
issuing appropriate direction to the learned Executing Court to execute the
decree dated 15.11.1989 and 26.07.2024.
3. Mr. Sahewalla, learned Senior Counsel for the petitioner submits that
having obtained the Judgment and Order dated 20.09.1989, the petitioner has
filed one execution proceeding being Title Execution Case No. 26/2024, which
was registered on 08.08.2024, and since then more than eleven months elapsed
and the learned Executing Court has failed to get the decrees executed and
passed different orders, dated 05.11.2024, 29.11.2024, 20.12.2024, 19.02.2025,
24.03.2025, 29.03.2025 and 24.04.2025, whereby the execution of the
preliminary decree dated 15.11.1989, and final decree dated 26.07.2024, passed
in T.S No. 18/1982, and the matter has been needlessly time and again being
delayed and postponed.
4. Mr. Sahewalla, learned Senior Counsel for the petitioner referring to a
decision of Hon'ble Supreme Court in the case of Periyammal (Dead) through
LRS & ors VS V. Rajmani & Anr ETC in Civil Appeal Nos. 3640-3642
of 2025 arising out of SLP(C) Nos. 8490-8492 of 2020 submits that in
the aforementioned decision of Hon'ble Supreme Court has directed that the
execution proceeding shall be disposed of within a period of 6 (six) months, but,
in the present case almost eleven months elapsed since filing of the execution
proceeding on 08.08.2024, and as such, the learned Executing Court
contravened the direction issued by the Hon'ble Supreme and under such
circumstances, Mr. Sahewalla, has contended to issue direction to the learned
Execution Court to execute the decrees as soon as practicable, in terms of the
direction issued by the Hon'ble Supreme Court in the case of Periyammal
Page No.# 4/4
(Dead) through LRS (supra).
5. Having heard the submission of learned counsel for both the petitioner, I
have carefully gone though the petition and the documents placed on record
and also perused the impugned order dated 05.11.2024, 29.11.2024,
20.12.2024, 19.02.2025, 24.03.2025, 29.03.2025 and 24.04.2025, passed in
Title Execution Case No. 26/2024, and the preliminary decree dated 15.11.1989
and the final decree dated 26.11.2024.
6. It appears that having obtained the decree, the petitioner herein has filed
title execution case, being Title Execution Case No. 26/2024, on 08.08.2024,
and since then, more than eleven months elapsed. While Hon'ble Supreme
Court has fixed six months as the time line for disposing of an execution
proceeding, the impugned order, so passed by the learned Executing Court,
appears to be contrary to the decision of Hon'ble Supreme Court.
7. Under such circumstances, this Court is incline to dispose of this petition
by directing the learned Executing Court to execute the decree dated
15.11.1989 and 26.07.2024 as soon as practicable, keeping in mind the time
line filed by the Hon'ble Supreme Court in the case of Periyamman (Dead)
through LRS(supra).
8. In terms of above this CRP(IO) No. 236/2025 is disposed of.
9. The petitioner shall obtain certified copy of this order and shall place the
same before the learned Executing Court within a period of one week from
today.
JUDGE
Comparing Assistant
