Om Parkash v. Bachan Ram And ANR

2024:PHHC:051316

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2218-2024 (O&M) Date of decision : 16.04.2024 Om Parkash ... Petitioner(s)

Versus

Bachan Ram & Anr.

... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Ravi Rana, Advocate for the petitioner.

ALKA SARIN, J. (ORAL) 1.

The present revision petition has been filed for issuance of directions to the Executing Court to decide the execution petition in a time bound manner.

2.

Learned counsel for the petitioner would contend that the execution proceedings are pending since 2019 and hence the Executing Court be directed to expedite the hearing.

3.

I have heard the learned counsel for the petitioner. 4.

In the present case the first execution petition filed by the petitioner herein being Execution No.4 of 2019 was withdrawn with liberty to file afresh. The present execution petition was filed thereafter in the year 2022 being Execution Petition No.105 of 2022. 5.

The dashboard of the District Courts, SAS Nagar including Sub Divisional Courts at Dera Bassi available on the website of National Judicial Yogesh Sharma 2024.04.18 09:25 I attest to the accuracy and integrity of this order/judgment.

High Court Chandigarh

2024:PHHC:051316 CR-2218-2024 (O&M) -2Data Grid reveals that 6198 execution petitions are pending including 598 of 3 to 5 years old and 18 of 10 to 20 years old. 6.

Hon'ble Supreme Court in the case titled as High Court Bar Association, Allahabad Vs. State of U.P. & Ors. [2024 (2) RCR (Civil) 199] has held in para No.37(c) as under :

"37(c) Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the timebound disposal of cases only in exceptional circumstances. The issue of prioritizing the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending"

7.

No exceptional ground is made out in the present case for issuance of directions to the Court concerned to expedite the hearing of the execution petition. The present revision petition is accordingly dismissed. Pending applications, if any, also stand disposed off. 16.04.2024 Yogesh Sharma ( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO Yogesh Sharma 2024.04.18 09:25 I attest to the accuracy and integrity of this order/judgment.

High Court Chandigarh