WPMS/704/2022
2022 Latest Caselaw 1158 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
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                                  WPMS No. 704 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Heard Mr. Nikhil Singhal, Advocate for the petitioner.

Petitioner is legal representative of decree holder in partition suit, which was decided by learned IInd Civil Judge (Senior Division), Haridwar vide judgment dated 23.08.2011. The decree passed by learned trial Court has been put to execution. Before the Executing Court, respondent no. 1 filed objection under Order 21 Rule 97, 98, 99, 100 & 101 read with Section 151 C.P.C., which is registered as Misc. Case No. 10 of 2014. Since the same has not been decided so far, therefore, petitioner has approached this Court, seeking a direction to the Court concerned to expedite disposal of the aforesaid Misc. Case.

Learned counsel for the petitioner points out that petitioner is 76 years of age, who has lost his wife and his son is also of unsound mind, therefore, having regard to the facts & circumstances of the case, the Executing Court may be directed to expedite disposal of the said Misc. Case.

Having regard to the facts of the case and particularly in view of the fact that objection filed by respondent no. 1 is pending since 2014, the writ petition is disposed of with a request to Court concerned to expedite hearing of the aforesaid Misc. Case and decide the same as early as possible; but, not later than nine months from the date of production of certified copy of the order.

(Manoj Kumar Tiwari, J.) 07.04.2022 Arpan