Smt. Fekan Bai v. Holiram

HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(227) No. 626 of 2018 Smt. Fekan Bai W/o Lakhan Chandravanshi Aged About 60 Years R/o Village Jinda, P. S. Pipariya, Tehsil Kawardha, District Kabirdham Chhattisgarh ---- Petitioner

Versus

1. Holiram S/o Shri Dhanush Chandrawanshi Aged About 55 Years R/o Village Gandai Khurd, Tehsil Bodla, District Kabirdham Chhattisgarh

2. State Of Chhattisgarh Through Collector, District Kabirdham Chhattisgarh ---- Respondents For petitioner - Shri Keshav Dewangan, Advocate. For State-Shri Wasim Miyan, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 26/07/2018 Heard.

1.

Instant petition is only for seeking direction to the court below to expedite the execution case filed by the petitioner as it is stated that despite decree passed in second appeal in the year 2012 fruits of the decree are yet to be enjoyed by the petitioner.

2.

Perusal of the decree would show that litigation travelled in between the parties upto second appeal and second appeal was decided on 31/07/2012 bearing Second Appeal No.1 of 1993 wherein possession decree was passed in favour of the petitioner/plaintiff. Original decree is of 7/10/92. 3.

In view of this, it is directed that the executing court shall complete the proceeding of the execution which is pending before the court below preferably within a period of three months from the date of production of this order.

4.

With such observation, the petition stands disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri