Om Parkash vs Bachan Ram And Anr
2024 Latest Caselaw 7972 P&H

Punjab-Haryana High Court

Om Parkash vs Bachan Ram And Anr on 16 April, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                     2024:PHHC:051316

                            117
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                          CR-2218-2024 (O&M)
                                                                          Date of decision : 16.04.2024


                            Om Parkash                                                      ... Petitioner(s)

                                                               Versus

                            Bachan Ram & Anr.                                            ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN


                            Present :    Mr. Ravi Rana, Advocate for the petitioner.


                            ALKA SARIN, J. (ORAL)

1. The present revision petition has been filed for issuance of

directions to the Executing Court to decide the execution petition in a time

bound manner.

2. Learned counsel for the petitioner would contend that the

execution proceedings are pending since 2019 and hence the Executing

Court be directed to expedite the hearing.

3. I have heard the learned counsel for the petitioner.

4. In the present case the first execution petition filed by the

petitioner herein being Execution No.4 of 2019 was withdrawn with liberty

to file afresh. The present execution petition was filed thereafter in the year

2022 being Execution Petition No.105 of 2022.

5. The dashboard of the District Courts, SAS Nagar including Sub

Divisional Courts at Dera Bassi available on the website of National Judicial

integrity of this order/judgment.

                                                                                        2024:PHHC:051316

                            CR-2218-2024 (O&M)                                                       -2-

Data Grid reveals that 6198 execution petitions are pending including 598 of

3 to 5 years old and 18 of 10 to 20 years old.

6. Hon'ble Supreme Court in the case titled as High Court Bar

Association, Allahabad Vs. State of U.P. & Ors. [2024 (2) RCR (Civil)

199] has held in para No.37(c) as under :

"37(c) Constitutional Courts, in the ordinary course,

should refrain from fixing a time-bound schedule for the

disposal of cases pending before any other Courts.

Constitutional Courts may issue directions for the time-

bound disposal of cases only in exceptional

circumstances. The issue of prioritizing the disposal of

cases should be best left to the decision of the concerned

Courts where the cases are pending"

7. No exceptional ground is made out in the present case for

issuance of directions to the Court concerned to expedite the hearing of the

execution petition. The present revision petition is accordingly dismissed.

Pending applications, if any, also stand disposed off.

                            16.04.2024                                  ( ALKA SARIN )
                            Yogesh Sharma                                    JUDGE

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

integrity of this order/judgment.