Bhup Singh And Ors vs Mahabir And Ors
2022 Latest Caselaw 1788 P&H

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH
117

                                                CR-531-2022(O&M)
                                               Date of decision:17.03.2022

Bhup Singh and others                                          ...Petitioners

                                    Versus
Mahabir and others                                            ...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present: Mr. Sandeep Kotla, Advocate, for the petitioners.

ANIL KSHETARPAL, J (Oral)

While invoking the supervisory jurisdiction of the High Court

under Article 227 of the Constitution of India, the petitioners pray for

issuance of direction to the court to conclude the trial and decide the

execution petition which is stated to be pending for the last 8 years.

The petitioners claim that their suit was decreed vide a

judgment dated 04.06.2005 while directing ejectment of the defendants (in

the suit).

The aforesaid decree is stated to have attained finality.

This court has perused the daily orders passed by the Executing

Court for the last 3 years. It is evident that the execution petition remained

pending as the transfer application filed before the Court of District Judge

was not decided for quite some time.

Ordinarily, the High Court is reluctant to issue directions to any

subordinate court for disposal of a pending case in a time bound manner,

however, keeping in regard the facts of the present case, it is considered

appropriate to request the Executing court to make sincere endeavours for

the expeditious disposal of the executing petition preferably within a period

of 6 months, from today.

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 CR-531-2022(O&M)                                                  -2-

               Disposed of accordingly.

All the pending miscellaneous applications, if any, are also

disposed of.

March 17, 2022                                        (ANIL KSHETARPAL)
nt                                                          JUDGE

Whether speaking/reasoned                 : Yes/No
Whether reportable                        : Yes/No




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