WPMS/1336/2021
2021 Latest Caselaw 2432 UK

                   Office Notes, reports,
                   orders or proceedings
SL.
         Date        or directions and                   COURT'S OR JUDGES'S ORDERS
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                   Registrar's order with
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      15.07.2021                            WPMS No. 1336 of 2021
                                            Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Kishore Rai, Advocate, for the petitioner.

The petitioner, who is a plaintiff in Suit No. 441 of 2011, Smt. Manorama Mathur Vs. Shri Raj Singh Kshetri and Another, which was decreed by the learned trial Court vide its judgment dated 28.08.2019. Seeking its execution, an Execution Case No. 16 of 2019, has been preferred by the petitioner before the Court of Civil Judge (Junior Division), Dehradun, which is pending consideration since 2019.

The learned counsel for the petitioner contends that since the decree itself is of 2011 and the execution is pending for a sufficient long time, an appropriate direction may be issued to the learned Court of Civil Judge (Junior Division), Dehradun, to expedite the proceedings of Execution Case No. 16 of 2019.

Without expressing any opinion on the merits of the matter, and particularly, considering the age of the litigation, this writ petition is being disposed of with a request to the learned Court of Civil Judge (Junior Division), Dehradun to decide the aforesaid Execution Case No. 16 of 2019, within a period of one year from today.

However, it is made clear that unnecessary adjournments should be avoided to be granted to either of the parties until and unless it is very eminent based upon the circumstances.

Apart from it, the directions given as aforesaid to decide, the aforesaid Execution Case within the period of one year, would obviously be exclusive of the period, for which the proceedings of the Executing Court are being kept in abeyance, on the basis of administrative directions, which are issued by the High Court, due to the prevalent pandemic situation.

Subject to above observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 15.07.2021 Mahinder/