Hon'Ble Vivek Bharti Sharma vs Unknown
2024 Latest Caselaw 2040 UK

Uttarakhand High Court

Hon'Ble Vivek Bharti Sharma vs Unknown on 5 September, 2024

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

                                                                    2024:UHC:6425
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPMS No.2351 of 2024
                               Hon'ble Vivek Bharti Sharma, J.

Mr. Dinesh Gehtori, Advocate for the petitioner.

2. By means of this writ petition, petitioner seeks issuance of a direction to the Executing Court to decide the Execution Case No.04/2021 "Charan Singh Chauhan vs. Nidhi Puri"

pending before the Civil Judge (S.D.) Roorkee, District Haridwar within a stipulated time fixed by this Court.

3. Learned counsel for the petitioner would submit that the petitioner/decree holder filed the Execution case no.04/2021 on 20.12.2021 but since then more than two years have passed but the same is still pending adjudication. He would refer a judgment of Hon'ble Supreme Court rendered in the case of "Rahul S. Shah v. Jinendra Kumar Gandhi & Ors., (2021) 6 SCC 418" and would draw attention of this Court to para 42.12 which is a direction issued by the Hon'ble Supreme court to be mandatorily followed by all the Courts dealing with the suits and execution proceedings, which says that "The Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay."

4. Learned counsel would further submit that earlier also in WPMS No.230/2023 and WPMS No.231 of 2023 a Coordinate Bench of this Court, vide its order dated 03.07.2023 (Annexure-7), had issued directions to the Executing Court to proceed with the execution case.

However, on perusal of Annexure-7, it would reveal that no direction to expedite and conclude the proceedings of execution case was issued by the Coordinate Bench in its order.

2024:UHC:6425

5. On being quizzed by the Court, learned counsel would submit that he does not know whether this judgment of Hon'ble Supreme Court (supra) was placed before the Executing Court and whether any application to decide the Execution Case expeditiously was filed before the Executing Court.

6. At this stage, learned counsel would submit that he may be granted permission to withdraw the writ petition with liberty to file application for expeditious disposal before the Execution Court by giving reference to the judgment of Hon'ble Supreme Court (supra).

7. Permission granted.

8. Writ petition is dismissed as withdrawn with liberty, as above.

(Vivek Bharti Sharma, J.) 05.09.2024 Rajni

RAJINI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db484 48ac3701a9ae475a2547e4b7f1d9b1f17

GUSAIN d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B 4DF4FC80D4557562F95BEBA013F5306 16A158A0A878BD8, cn=RAJINI GUSAIN Date: 2024.09.07 13:09:00 +05'30'