Navneet Munjal vs Pawan Kumar
2022 Latest Caselaw 17565 P&H

                          IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
                        Sr. No.: 110
                                                                  Civil Revision No.6138 of 2022
                                                             Date of Decision: December 22, 2022


                        Navneet Munjal
                                                                              ..... PETITIONER(S)
                                                         VERSUS
                        Pawan Kumar
                                                                             ..... RESPONDENT(S)

                                                            ...

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

...

PRESENT: - Mr. Mohit Garg, Advocate, for the petitioner.

. . .

Tribhuvan Dahiya, J (Oral)

This is a revision petition under Article 227 of the

Constitution of India seeking a direction to the executing Court to expedite

hearing of the execution petition No.149/2022 filed by the petitioner-

landlord.

The facts in brief are, the respondent-tenant was ordered to

be evicted from the shop in question by the Rent controller vide judgment

dated 21.02.2018, against which the appeal was dismissed on 26.07.2022 by

the Appellate Authority. The execution petition was filed by the petitioner-

landlord on 16.03.2022.

A perusal of the short orders placed on record shows that the

respondent-tenant appeared before the executing court on 05.08.2022, and

the case was adjourned to 14.10.2022 for filing objections. However,

objections were not filed on the adjourned date nor on the next date, i.e.,

AVIN KUMAR 2022.12.22 15:37 I attest to the accuracy and integrity of this order/judgment CR No.6138 of 2022 [2]

02.12.2022. The case now stands adjourned to 20.01.2023 for filing

objections by the judgment debtor (respondent-tenant).

Learned counsel for the petitioner contends that ejectment

application was filed on 28.04.2014, and despite the ejectment having been

ordered by the Authorities below, the petitioner-landlord has not been able

to get possession of the premises in question, and the matter has been

adjourned thrice by the executing Court also, on the asking of the judgment

debtor, who is taking adjournments only to delay the execution.

In these circumstances, the executing Court is directed to

decide the execution application as expeditiously as possible without

affording unnecessary adjournments to the respondent-judgment debtor.

Disposed of.

(Tribhuvan Dahiya) Judge December 22, 2022 avin

Whether Speaking/ Reasoned: Yes/ No Whether Reportable: Yes/ No

AVIN KUMAR 2022.12.22 15:37 I attest to the accuracy and integrity of this order/judgment