Court No. - 39
Case :- MATTERS UNDER ARTICLE 227 No. - 8845 of 2019 Petitioner :- Jagdish Respondent :- Ashok Counsel for Petitioner :- Dharmendra Singh
Hon'ble Ashwani Kumar Mishra,J.
This petition is by the landlord who has secured a eviction degree in his favour on 26.5.2014 against the Opposite party. It is stated that this decree has been put into execution in the year 2014 but even after expiry of more than five years, the proceedings are being routinely adjourned and the petitioner is being denied fruits of the decree.
Considering the nature of the order proposed to be passed, notices need not be issued to the Opposite Party, and the petition is being disposed of at this stage itself.
In case the eviction degree passed on 26.5.2014 in S.C.C. Case No. 4 of 2014 has attained finality, there would be no reason for the executing Court not to execute it for a period of more than 5 years.
Since proceedings are summary in nature and ought to be completed expeditiously, this petition stands disposed of with a direction upon the Executing Court to expedite the proceedings and proceed further, in accordance with law, by fixing weekly dates without granting unnecessary adjournment to either of the parties. In case the adjournment is allowed for any pressing reason a cost of Rs. 500/- would be imposed for the day.
Order Date :- 26.11.2019 n.u.