Bhupinder Singh v. Mandeep Kaur Alias Mohinder Kaur And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.150 Date of Decision: 28.05.2025 BHUPINDER SINGH ....Petitioner

Versus

MANDEEP KAUR @ MOHINDER KAUR & ANOTHER .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI Present:- Mr. G.S.Bains, Advocate for the petitioner.

***** ARCHANA PURI, J. (Oral) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India, for issuance of direction to the trial court, to finally dispose of the execution petition i.e. EXE/46/2023 dated 05.09.2023.

It is submitted by the counsel for the petitioner that there was matrimonial dispute between the petitioner and respondent No.1. However, compromise was effected between the parties for an amount of Rs.1,10,00,000/-, to be paid by the petitioner to the respondents and the needful was done. However, on account of merger of the Banks lateron, the respondents remained under the impression that the amount of compromise,

has not been deposited. On this account, the respondents had filed the Execution petition, which is still pending adjudication. Besides the same, it is also submitted by the counsel for the petitioner that respondent No.1 had filed one suit for seeking declaration against the petitioner, which relates to two acres of land, relating to which, an offer was also given at the time of effecting of the compromise and thus, the decision of the execution, as such, will have an impact on the pending civil suit also. In the light of the same, it is submitted that the execution is not making any progress. He further submits that the objections were also filed, to which reply has been filed. Thereafter, respondent No.1 or his counsel, is not making appearance. The zimini orders passed by learned Executing Court, have also been placed on record.

Perusal of the zimini orders reveals that the execution was dealt by the Judicial Officer, who has since been suspended and the file was dealt for the first time by the present Presiding Officer on 16.05.2023 and counsel submits that now the execution has been adjourned for 29.08.2025. Considering the aforesaid submissions, counsel for the petitioner submits that some time bound direction be given for disposal of the execution petition.

However, without knowing about the pendency in the court concerned, it is not appropriate for this Court to give any time bound direction, but however, learned trial court shall remain sensitized about the directions given by Hon'ble Supreme Court, time and again, for the early disposal of the execution petitions.

Considering the same, learned Executing Court is hereby requested to ensure about giving some short adjournments in the execution petition and also make an endeavour to hear the objections on the next date of hearing or if not so possible, shall give short adjournment only. In view of the aforesaid terms, the revision petition is hereby disposed of.

(ARCHANA PURI) 28.05.2025 JUDGE Sonu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No