Man Singh vs Baljeet

Abhinava Upadhya, J.—Heard learned counsel for the petitioner.

It is submitted that by an ex parte decree a suit of the petitioner for cancellation of sale deed has been allowed being Suit No. 824 of 2000 vide judgment and order dated 18.5.2002. For the execution of the decree an execution case being Execution Case No. 8 of 2005 has been filed on 21.4.2005. However, the same has remained pending.

By means of this petition the petitioner prays that the aforesaid execution case be decided expeditiously. It is also submitted that no order from this Court or any other court is operating against the execution of the decree and there is no impediment in executing the same yet the court below is not proceeding with the same.

Looking to General Rules (Civil) 1957 which have been framed in exercise of powers under Section 122 C.P.C, the High Court Circular C.L.No.39/98: Dated 20th August, 1998 and in view of the decision of the Hon''ble Supreme Court in the case of Hussainara Khatoon and others vs. State of Bihar AIR 1979 S.C. 7360the delay in executing the decree amounts to deny the decree holder the benefit of the decree which is anthesis to justice.

This petition is disposed of with the direction to the court below to decide the said execution case of the petitioner expeditiously in accordance with law provided there is no other legal impediment in the same, inasmuch as, no interim order is operating against the disposal of the said case, without granting any unnecessary adjournment to the parties.