Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 4117 of 2018 Petitioner :- Rajveer Singh Respondent :- Judge Small Causes Court, Saharanpur And Another Counsel for Petitioner :- Komal Mehrotra
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. This petition has been filed praying for issuance of a direction to Judge, Small Causes Court to decide Execution Case No. 18 of 2012 (Rajveer Singh Vs. Akhlaq) along with Misc. Case No. 29 of 2012 (Akhlaq Vs. Rajveer Singh) as expeditiously as possible.
2. Learned counsel for petitioner submits that the petitioner had sought eviction of respondent from the shop in question. The SCC Suit No. 111 of 2002 was decreed on 01.02.2011. The respondent preferred a SCC Revision No. 8 of 2011 which was also dismissed on 31.07.2012. Aggrieved by the order dated 01.02.2011 and 31.07.2012 the respondent tenant filed CMWP No. 56110 of 2012 (Akhlaq Vs. Rajveer Singh) and this Court has been pleased to dismiss the aforesaid writ petition on 19.10.2012 by a detailed judgment and order, a copy of which has been filed as Annexure - 1 to this petition.
3. After dismissal of the writ petition an execution case was filed registered as Execution Case No. 18 of 2012 before the Judge, Small Causes Court. The respondent-tenant has filed objections under Order 47 read with Section 151 of Code of Civil Procedure, which has been registered as a separate case namely Misc. Case No. 29 of 2012. Both the matters have been tagged with each other and have been coming up for disposal before the Executing Court for the past several dates. The number of dates fixed in the execution case have been mentioned in detail in paragraph - 12 of the petition and it appears that despite such more than hundred dates being fixed by the learned Judge, Small Causes Court, Saharanpur, no proceedings on merit has taken place till date.
4. Since the decree passed by the Judge, Small Causes Court has been affirmed by this Court by dismissing the Writ - A No. 56110 of 2012 vide judgment and order dated 19.10.2012, I do not find any good reason for the Judge, Small Causes Court to keep the execution proceedings pending for so long.
5. Accordingly, this petition is disposed off with a direction to respondent No. 1 to decide the execution proceedings within a period of three months from the date of production of a certified copy of this order before him.
Order Date :- 30.5.2018 LBY