Mahesh Prasad Bhargav vs Tarunveer Singh
2021 Latest Caselaw 7415 MP

                                    1                                 MP-3807-2021
        The High Court Of Madhya Pradesh
                  MP No. 3807 of 2021
              (MAHESH PRASAD BHARGAV Vs TARUNVEER SINGH AND OTHERS)


Gwalior, Dated : 15-11-2021
       Shri Kamal Mangal, learned counsel for the petitioner.

       The petitioner, a landlord, is before this Court with the grievance that
despite eviction decree in his favour passed way back in the year 2003 and
the execution filed thereafter, he is still at cross-roads, as so far he has not
been able to reap fruits of the decree, though decree has attained finality after

dismissal of the SLP.No.17517/2018 on 20.07.2018.
       It is submitted that under one or another pretext the judgment-debtor
has been seeking time for deferment of the execution proceedings. The
petitioner is a senior citizen and is in the evening of life. Despite few decades
having passed by, he is still uncertain about the outcome of the execution
proceedings. It is submitted that due to labyrinth of proceedings delayed
successively at the instance of the judgment-debtor, the very purpose of filing
of the suit stands frustrated. There appears to be no hope of early conclusion
of the execution proceeding. To show unwarranted deferment of hearing,

learned counsel refers to the order of the trial court dt.30th of September
2021, whereunder adjournment has been sought by the respondent under the

pretext that some proceedings are pending before the High Court in the form of M.P.No.2863/2021. Though there is no order of the nature stalling the proceeding of the execution case, still the hearing has been deferred.

Upon hearing the learned counsel for the petitioner, though normally this Court issues notices to the other side, but regard being had to the fact that the lis between the parties has attained finality and the final lid is laid over it by the Hon'ble Supreme Court after dismissal of the SLP (supra), it is expedient to ensure that the execution proceedings come to a logical end in an expeditious manner. Hence, to subserve the ends of justice and in the obtaining facts and circumstances, this Mis.Petition is disposed of with the following directions, namely;

2 MP-3807-2021

(i) Trial Court shall ensure expeditious disposal of the execution proceedings not later than in three monts, unless of course stalled by a court of competent jurisdiction.

With the aforesaid, Mis.Petition stands disposed of. It is made clear that this Court has not expressed any opinion on the

merits of the case.

(ROHIT ARYA) JUDGE SP

SANJEEV KUMAR PHANSE 2021.11.16 18:04:51 +05'30'