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High Court of Punjab and HaryanaCR/6398/2019disposed of

Usha Gupta v. Chhote Lal Pandit And ORS

2020-08-26Mr. Justice Gurvinder Singh Gill2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-6398-2019 (O&M) Date of Decision:-26.8.2020 USHA GUPTA ... Petitioner

Versus

CHHOTE LAL PANDIT AND ORS ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Ms. Shivya Sehgal, Advocate for the petitioner.

Mr. Gagandeep Singh, Advocate for respondent No.1.

(Proceedings conducted through video conferencing). GURVINDER SINGH GILL, J. (Oral) CM-7330-CII-2020 Allowed as prayed for subject to all just exceptions. CM-7331-CII-2020 In view of the reasons mentioned in the application, the same is allowed and the matter is taken on board today itself.

Main Case 1.

The petitioner seeks issuance of a direction to executing Court to decide the objections filed by respondent No.3-Rajnish Jain under Order 21 Rule 58 CPC. Another prayer has been made to direct the executing Court to decide the execution application which is stated to be pending since the last about 7 years. Vide order dated 14.10.2019, the trial Court had been directed to GAURAV SOROT 2020.08.27 10:48 I attest to the accuracy and integrity of this document

( 2 ) CR-6398-2019 (O&M) submit a status report which has been received, as per which the objections filed by respondent No.3 stands disposed of. In these circumstances the first prayer of the petitioner as regards disposal of objections filed by respondent No.3 is rendered infructuous.

2.

As regards the second prayer of the petitioner regarding issuance of direction to the executing Court to decide the execution application which is stated to be pending for the last 7 years pertaining to execution of decree dated 18.12.2012, this Court finds that there has been gross delay in disposal of the execution application, particularly keeping in view the fact that the petitioner is stated to be a Senior Citizen. However at the same time this Court also cannot lose sight of the fact that the working of the Courts has been seriously affected on account of spread of pandemic COVID-19 and there has been skeletal functioning only of the Courts. As such, at this stage, this Court would not like to issue any such direction for time bound disposal of the execution application. However, at the same time, in case the Executing Court feels that it can safely proceed with the application while adhering to all the safeguards as have been prescribed by the Health Authorities, it shall be open to it to consider doing the needful. 3.

The petition stands disposed of accordingly.

( GURVINDER SINGH GILL) 26.8.2020 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2020.08.27 10:48 I attest to the accuracy and integrity of this document