Ram Shankar Khare vs The State Of Madhya Pradesh
2021 Latest Caselaw 8080 MP

                                     1                               WP-23129-2021
        The High Court Of Madhya Pradesh
                 WP No. 23129 of 2021
                (RAM SHANKAR KHARE Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 01-12-2021
      Shri Sanjiv Kumar Mishra, learned counsel for the petitioner.

      Shri Piyush Dharmadhikari, learned Govt. Advocate for the
respondents-State.

Petitioner has filed this petition making a prayer to issue writ of mandamus directing respondents to pay the entire recovery amount in

compliance of judgment and decree dated 2.5.1985 passed in Civil Suit No.10-A/1984.

Learned Govt. Advocate appearing for State submitted that petitioner has already filed an application for execution and Executing Court is proceedings to execute the decree, therefore, writ of mandamus cannot be issued and writ petition is not maintainable. Petitioner may approach the Executing Court for executing the judgment and decree. No direction can be given by this Court to pay the amount mentioned in judgment and decree dated 2.5.1985.

Learned counsel for petitioner, at this stage, submitted that decree was passed on 2.5.1985. Appeal filed by respondent had already been dismissed, thereafter decree could not be executed. He made a limited prayer that court, exercising its inherent power, in interest of justice may direct Executing Court to conclude the execution proceedings in interest of justice.

In view of aforesaid, this writ petition is disposed off with direction to Civil Judge Class-II, Pawai, District Panna to conclude Execution Proceedings No.1/2014 within period of three months from the date of receipt of certified copy of order passed today.

No opinion is expressed on merits of the case.

With aforesaid direction, writ petition is disposed off. Certified copy as per rules.

                                     2          WP-23129-2021
                                        (VISHAL DHAGAT)
                                             JUDGE
mms


Digitally signed by MONSI M SIMON
Date: 2021.12.02 12:02:13 +05'30'