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L.N. Mittal, J.—Petitioner has filed appeal before District Court against order dated 1.10.2008, Annexure P/1 passed by the executing court. The said appeal is said to be pending in the court of Additional District Judge, Fast Track Court, Hoshiarpur by which court said appeal was received by entrustment on 17.8.2009.
Grievance of the Petitioner in the instant revision petition filed under Article 227 of the Constitution of India is that the appellate court is not disposing of the aforesaid appeal whereas the executing court has issued warrant of possession and even police help has been ordered to be provided. The Petitioner, therefore, seeks direction to the appellate court for early disposal of the aforesaid appeal.
I have heard learned Counsel for the Petitioner and perused the case file.
Civil Revision No. 7850 of 2010 -2-Zimini orders of the appellate court reproduced in the revision petition reveal that contesting Respondent No. 1 put in appearance through counsel in the appellate court on 8.12.2009 whereas service of proforma Respondents No. 2 to 13 was dispensed with by the appellate court vide order dated 22.1.2010. Since then the appellate court has adjourned the case nine times for summoning of record of the lower court. It is surprising that the appellate court is adjourning the case from time to time for summoning lower court record without examining as to why the lower court record has not been received inspite of so many requisitions and without taking any step to remedy the situation. The appellate court is adjourning the appeal mechanically by repeating same order for requisition of record of the lower court and for consideration of interim stay application of the Appellant. However, record of the lower court has not been received inspite of many adjournments nor application of Petitioner-Appellant for interim relief has been disposed of by the appellate court and obviously the appeal has also not been disposed of.
In view of the aforesaid, the instant revision petition is disposed of by directing appellate court i.e. court of Mr. R.L. Ahuja, Additional District Judge, Fast Track Court, Hoshiarpur to decide the Petitioner''s appeal in question on or before 24.12.2010. However, if for any reason the appellate court is unable to dispose of the appeal by the stipulated date then atleast Appellant''s application for interim relief shall be disposed of by the appellate court by the said date.
A copy of this order be also sent to District & Sessions Judge, Hoshiarpur to take appropriate action in accordance with law against guilty Civil Revision No. 7850 of 2010 -3 official/s for non-receipt of record of the lower court in the appellate court inspite of so many requisitions.