Sanjay Kumar vs Mohan Lal And Another In A
2021 Latest Caselaw 3922 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
              ON THE 13th DAY OF AUGUST 2021
                        BEFORE




                                                       .
         HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





     CIVIL MISC. PETITION MAIN (ORIGINAL) No. 161 OF 2021





         Between:-

    1.   SANJAY KUMAR
         S/O SH. GULZARI LAL
         R/O VILLAGE MOVI SERI,




         TEHSIL CHACHIOT,
         DISTRICT MANDI, H.P.

    2.   LALMAN @ LALA RAM

         S/O SH. GAHIYA RAM

         R/O VILLAGE BALHARI,
         TEHSIL CHACHIOT,
         DISTRICT MANDI, H.P.

    3.   YOG RAJ



         S/O SH. SHIV RAM
         R/O VILLAGE TRAUR,
         TEHSIL CHACHIOT,




         DISTRICT MANDI, H.P.





    4.   KISHAN CHAND
         S/O SH. SHIV RAM
         R/O VILLAGE TRAUR,
         TEHSIL CHACHIOT,





         DISTRICT MANDI, H.P.

    5.   RAM DASS
         S/O SH. NAHRU RAM
         R/O VILLAGE BALHARI,
         TEHSIL CHACHIOT,
         DISTRICT MANDI, H.P.

                                         .....PETITIONERS
         (BY SH. VISHAL PANWAR, ADVOCATE)




                                      ::: Downloaded on - 31/01/2022 22:52:45 :::CIS
                                   2



    AND

    1.    SH. MOHAN LAL
          S/O SH. KIRPA RAM




                                                             .
    2.    SH. CHINT RAM





          S/O DEVI RAM

    3.    SH. PRITAM SHARMA





          S/O SH. KUNDAN LAL

    4.    SH. RAMESH KUMAR
          S/O SH. NIKKU





    5.    SH.BESAR RAM
          S/O SH. TODAR

          ALL RESIDENTS OF VILLAGE TARAUR,

          ILLAQA KOHALU, TEHSIL CHACHIOT,
          DISTRICT MANDI H.P.

                                              .....RESPONDENTS
          (NEMO)



    Whether approved for reporting?
    __________________________________________________




                This petition coming on for orders this day, the





    Court passed the following:





                               ORDER

The only prayer made in this petition is for

directing the learned Executing Court i.e. Civil Court (Junior

Division) Chachiot at Gohar District Mandi to expedite and

conclude the execution petition No.17 of 2018 titled as

Sanjay Kumar and others Vs. Mohan Lal and another in a

time bound period.

.

2. Considering the limited prayer made in the

petition and the order being passed hereinafter, notice of

this petition is not required to be issued to the respondents.

It appears from the record that the above

numbered execution petition was filed by the petitioners on

31.03.2018. The judgment debtors in the execution petition

could not be served for a considerable period of time.

Learned counsel for the petitioner submits that all judgment

debtors stand served at present and the matter is now fixed

for evidence of the objectors on 17.09.2021.

On account of Covid-19 pandemic, hearing in

the Courts across the State had remained affected. Under

the prevailing circumstances and also keeping in view the

facts as noticed earlier, it will not be appropriate at this

stage to issue the directions prayed for by the petitioners in

the instant petition. Learned Executing Court has to

consider its docket while decidng the cases. The matter is

even otherwise stated to be fixed for recording evidence of

the objectors on 17.09.2021.

Consequently, instant petition is disposed of by

granting liberty to the petitioners to move the learned

.

Executing Court in a manner known to law for the disposal

of their execution petition. Pending miscellaneous

applications, if any, shall also stand disposed of.

Jyotsna Rewal Dua Judge

August 13, 2021 (rohit)