Sameermal Jalori vs Devendra Kumar Sharma
2021 Latest Caselaw 4750 MP

   1        THE HIGH COURT OF MADHYA PRADESH
                        WP No.15125/2021

Sameermal Jalori vs. Devendra Kumar Sharma

Gwalior, Dated:26/08/2021

Shri K.S. Tomar, Senior Advocate with Shri J.S. Kaurav,

Counsel for the petitioner.

This petition under Article 226/227 of the Constitution of India

has been filed seeking following reliefs:

"(i) That, the present petition filed by the petitioner may kindly be allowed;

(ii) That, the direction in the nature of writ may kindly be issued directing the executing Court to take immediate steps proceedings and also take steps in delivery of the suit property possession along with mesne profit at the rate of Rs.2000/- per month as damages.

(iii) That, any other just, suitable and proper relief, which this Hon'ble Court deems fit, may also kindly be granted to the petitioner. Cost be also awarded in favour of the petitioner."

It is submitted by the counsel for the petitioner that after the

decree was passed in his favour, he has filed an application for

execution of decree which is still pending and has not reached to a

logical end. He has also filed a copy of the order sheet dated 8.3.2021

passed by First Civil Judge Class-I, Vidisha in Execution Case

No.26A/2017. Accordingly, it is prayed that the Executing Court may

be directed to conclude the execution proceedings as early as

possible.

         2      THE HIGH COURT OF MADHYA PRADESH
                           WP No.15125/2021

Sameermal Jalori vs. Devendra Kumar Sharma

Heard the learned counsel for the petitioner.

Considering the innocuous prayer made by the counsel for the

petitioner, it is directed that in case if there is no stay on the

execution of decree, then the Executing Court shall make every

endeavor to conclude the execution proceedings within a period of

three months from the date of receipt of certified copy of this order. It

is made clear that in the light of judgment passed by Supreme Court

in the case of Ankit Maheshwari @ Chintoo vs. State of M.P. by

order dated 14.8.2020 passed in SLP (Cri.) No.11315/2019, the

Executing Court shall not keep the proceedings in abeyance in the

light of any administrative order.

With aforesaid direction, the petition is finally disposed of.

(G.S. Ahluwalia) Judge Arun*

ARUN KUMAR MISHRA 2021.08.27 11:11:12 +05'30'