Court No. - 7
Case :- WRIT - A No. - 8920 of 2018 Petitioner :- Rohullah Maroofi And 3 Others Respondent :- Additional District Judge, Court No.3, Gorakhpur And 4 Others Counsel for Petitioner :- Vineet Kumar Singh Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Vineet Kumar Singh, learned counsel for the decree holder/petitioners.
This petition has been filed praying for a direction of the Court of Additional District Judge, Court No.3, Gorakhpur to decide the SCC Revision No.37 of 2017 (Smt. Nigar Sultana and others Vs. Rohullah Maroofi and others).
Learned counsel for the petitioners submits that the judgment debtor/tenant- respondent are abusing the process of Court and despite the decree has become final long ago, the execution is being delayed by the judgment debtor on one pretext or the other.
I have carefully considered the submissions of learned counsel for the petitioners.
It appears the decree holder/petitioner filed SCC Suit No.100 of 1996 for eviction of the tenant-respondents from the disputed premises. The aforesaid SCC Suit was dismissed on 8.11.2005 against which the decree holders filed SCC Revison No.25 of 2005 which was allowed by the Special Judge SC/ST Act, Gorakhpur by judgment dated 24.8.2007 and the suit was decreed. Against the judgment of the revisional court the judgment debtor/tenant respondent filed Writ - A No.46109 of 2007 in which an interim order dated 21.9.2007 was passed. Ultimately, the writ petition was dismissed by this Court vide order dated 21.8.2014. Aggrieved with the aforesaid order dated 21.8.2014, the judgment debtor/tenant-respondent filed SLP No.32321 of 2014 which was rejected by Hon'ble Supreme Court by order dated 15.12.2014. Thus, the decree attained finality. Thereafter the decree holder/petitioner filed an Execution Case No.11 of 2014. Since the execution case was being delayed by the judgment-debtor/tenant-respondent and as such the decree holder/petitioner filed petition under Article 227 No.146 of 2017 which was disposed of by this Court vide order dated 11.1.2017 directing the Executing Court to ensure expeditious conclusion of the Execution Case No.11 of 2014 and to take all necessary steps which are required for execution preferably within a period of three months from the date of filing of certified copy of the order. Thereafter, the judgment debtor/tenants- respondents filed an application under Section 47 C.P.C. in the aforesaid execution case which was rejected by the judge Small Cause Court/Civil Judge (S.D.) Gorakhpur vide order dated 27.5.2017. Against that order the judgment debtors/tenants-respondents filed SCC Revision no.37 of 2017 (Smt. Nigar Sultana and others Vs. Rohullah Maroofi and others) which is pending in the Court of Additional District Judge, Court No.3, Gorakhpur. It is stated in paragraph 9 of the petition that by order dated 20.7.2017 revisional court has summoned the file of the Execution Case and as such the Execution case is not being proceeded with by the executing court.
Considering the facts and circumstances of the case, this petition is disposed of providing that the concerned revisional court shall decide the aforesaid S.C.C. Revision No.37 of 2017 (Smt. Nigar Sultana and others Vs. Rohullah Maroofi and others), in accordance with law, expeditiously, preferably within six weeks from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties.
Order Date :- 29.3.2018/vkg