Krishnadas vs Prakash Singh
2024 Latest Caselaw 6717 MP

Madhya Pradesh High Court

Krishnadas vs Prakash Singh on 5 March, 2024

                                                               1
                             IN        THE    HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IV
                                                   ON THE 5 th OF MARCH, 2024
                                                MISC. PETITION No. 6018 of 2018

                           BETWEEN:-
                           KRISHNADAS S/O LATE BRAJBALLABHDAS AGRAWAL,
                           AGED ABOUT 71 YEARS, OCCUPATION - SHOPKEEPER
                           R/O HANUMAN CHAURAHA JIWAJIGANJ ROAD
                           LASHKAR (MADHYA PRADESH)

                                                                                            .....PETITIONER
                           (SHRI ROHIT BANSAL - ADVOCATE )

                           AND
                           PRAKASH SINGH S/O SHRI MADHO SINGH KUSHWAH,
                           AGED ABOUT 50 YEARS, OCCUPATION - SHOPKEEPER,
                           R /O P.S. ELECTRIC WORKS A.B.ROAD, CHUNGI NAKA
                           BAHODAPUR,       LASHKAR,   GWALIOR    (MADHYA
                           PRADESH)

                                                                                           .....RESPONDENT
                           (NONE )

                                   Th is petition coming on for hearing this day, th e court passed the
                           following:
                                                                ORDER

Heard learned counsel for petitioner.

It is submitted by learned counsel for petitioner that execution proceeding is pending since 2005 and by the impugned judgment and decree dated 13.05.2005 defendants/respondents were directed to handover the vacant possession over the land in dispute within two months and construction was also directed to be removed and decree is not being executed besides its finality.

It is further submitted that executing Court is not taking proper interest to execute the decree and for one and other reason, the case is being lingered on.

Considering the facts and circumstances of the case, trial Court is directed to execute the decree in its letter and spirit expeditiously within a reasonable time.

Petition is disposed of accordingly.

Office is directed to communicate this order to the executing Court immediately.

(RAJENDRA KUMAR-IV) JUDGE Rohit