Jagdishchandra Gupta vs Deced. Madanlal Thru. Lrs. Vinod ...
2021 Latest Caselaw 106 MP

1                       M.P.No.611/2021
         (Jagdishchandra Gupta Vs. Madanlal and others)

Indore : Dated 23.2.2021
      Shri Nitin Phadke, learned counsel for the petitioner.
      Petitioners-decree holders are before this Court for the limited
relief in the matter of early disposal of execution case No.178/2019
pending since 21.8.2019 in the backdrop of facts that First Appeal
No.407/2019 has been decreed by this Court on 26.11.2018 on the
following terms :-
         "(1) The judgment and decree passed in
         C.S.No.739-A/1996 on basis of compromise
         between Defendant Nos.1 to 4 with defendant
         No.5 is hereby declared void and not binding on
         the plaintiff.

         (2)  As per the contents of the Will Mohd. Shafi
         had no right to enter into compromise with the
         defendant Nos.1 to 4.

         (3)   The plaintiff is entitled to take
         possession from defendant Nos.1 to 4 hence
         they are directed to handover the possession
         of the suit land 50 x 50 sq.ft. to the plaintiff
         within the period of two months from today.

         (4)   The decree in respect of compensation of
         Rs.7,200/- is hereby maintained."
      The SLP No.2616/2019 arising out therefrom has been
dismissed by the Hon'ble Supreme Court on 24.4.2019.
      It is submitted that in the light of Clause No.(3), the decree
deserves to be executed at an early date. However, application for
early conclusion of the proceedings has been dismissed by the trial
Court on 7.8.2020 on the premise that it is not an urgent case.
Learned counsel submits that taking undue advantage of pendency
of execution case, respondents-defendants have also initiated new

inning of litigation by filing a suit praying that judgment and decree passed by this Court be declared as null and void. Hence, prays that a direction may be issued to the executing Court for early disposal of the pending case.

(Jagdishchandra Gupta Vs. Madanlal and others)

Normally, in such cases where lis between parties is required to be addressed this Court issues notices. However, the relief sought for since is innocuous in nature particularly a limited direction for early conclusion of the execution case, this Court considers it expedient to dispose of this Misc.Petition with direction to the petitioner to file an application afresh before the Court below for expediting the execution proceedings. This Court sees no reason that the trial Court should not take up the matter in the light of Clause No.(3) of the decree and the fact that SLP arising from the order of High Court has been dismissed (supra).

With the aforesaid direction the Misc.Petition stands disposed of.

(Rohit Arya) Judge

Patil

Digitally signed by Shailesh Patil Date: 2021.02.24 10:29:15 +05'30'