Unknown vs Bishan Lal (Deceased) V. State
2023 Latest Caselaw 16376 HP

Bishan Lal (deceased) v. State

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Execution Petition No. 243 of 2023

13.10.2023 Present Mr. Virender Thakur, Advocate, for the petitioners.

Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional

Advocates General with Mr. Ravi Chauhan and Ms. Sunaina, Deputy Advocates General, for the respondent- State.

Pursuant to order dated 22.9.2023, Superintending

Engineer, Mr. Vishal Jaswal, Jal Shakti Vibhag, and Executive Engineer,

Jal Shakti Division.-I, Shimla, Mr. Basant Rathore, have come present.

Aforesaid officers, while filing reply to the Execution Petition, stated that

since the mandate contained in the judgment sough to be executed, has

been laid challenge by way of an LPA, matter may be adjourned.

Mr. Rajan Kahol, learned Additional Advocate General, on

the instructions of aforesaid officers, attempted to submit that the

mandate contained in the judgment sought to be executed, cannot be

implemented on account of illegalities and infirmities therein.

However, in execution proceedings, executing court is not

required to go into the merits of the judgment sought to be executed,

rather these proceedings are meant only to ensure execution of

judgment sought to be executed. Mere filing of an LPA is not sufficient to

delay the execution of the mandate contained in the judgment sought to

be executed.

After passing of the judgment sought to be executed the

judgment debtor has only option to lay challenge to the same by way of

appropriate proceedings and in case the judgment sought to be

executed is not stayed or set aside by superior court, judgment debtor is

under obligation to execute the same.