Sandeep Kumar v. Mohan Lal Through Its Lrs

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-276-2023 (O&M) Date of Decision: 17.01.2023 Sandeep Kumar .....Petitioner

Versus

Mohan Lal (deceased) Through LRs.

....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Suneet Pal Singh Aulakh, Advocate for the petitioner.

***** ARUN MONGA, J. (ORAL) Petition herein is for issuance of directions to the Court below for expeditious disposal of the Execution Petition dated 05.12.2018 (Annexure P-1) filed by the decree-holder/petitioner herein for execution of decree dated 09.04.2018.

2.

Given the nature of order being passed, there is no necessity to issue notice to the defendant/respondents, as no prejudice would be caused to them. Notice to the respondents is dispensed with. 3.

I have heard learned counsel for the plaintiff/petitioners and gone through the case file. It is stated that there is no stay against execution of the decree.

4.

Ordinarily this Court would not have interfered when the decree has attained finality. However, in view of the fact that before filing of the execution in 2018, there was cantankerous litigation between the parties right uptil the decision in regular second appeal and revision petition, I am inclined to allow the present revision petition.

5.

No doubt, some delay would have been caused due to the intervening COVID pandemic. However, even after the normal work has resumed in the Court, the execution proceedings are still at nascent stage inasmuch as though the judgment debtors have filed objection petition but the same is still sub judice, to which, the reply has also been filed long back. 6.

In the premise, the revision petition is disposed of with the expectation that the Executing Court shall proceed further in the case without ASHISH 2023.01.30 09:13 I attest to the accuracy and authenticity of this order/judgment

CR-276-2023 (O&M) -2granting any unnecessary adjournments and decide the pending objection petition in accordance with law.

7.

Pending civil miscellaneous applications, if any, shall also stand disposed of.

(ARUN MONGA) JUDGE January 17, 2023 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHISH 2023.01.30 09:13 I attest to the accuracy and authenticity of this order/judgment