Madhya Pradesh High Court
Smt. Ramesh Kumari Sharma vs Smt. Savitri Verma on 3 December, 2018
1 MP-5428-2018
The High Court Of Madhya Pradesh
MP-5428-2018
(SMT. RAMESH KUMARI SHARMA Vs SMT. SAVITRI VERMA) Gwalior, Dated : 03-12-2018 Shri Sunil Kumar Gupta, counsel for the petitioner.
This petition under Article 227 of the Constitution of India has been filed, seeking the following reliefs:-
''7-1. That, in the interest of the justice and in the facts of the case the executing court 12th CJ Class-I Gwalior execution case No.222A/2013 as Smt. Ramesh Kumar V/s Savitri Verma may kindly be directed to decide the execution within period of 3 months in the interest of justice.
2. That, Cost of this litigation may also be awarded.
3. Any other relief which this Hon'ble Court deem fit in the facts and circumstances of the case may kindly be granted to the appellant.'' It is the case of the petitioner that a decree for specific performance of contract was passed in favour of the petitioner by judgment and decree dated 28/01/2015. It is submitted by the counsel for the petitioner that this judgment has attained finality and no appeal has been filed and an application for execution of decree has been filed well within time, but the Executing Court is not proceeding with the matter and, therefore, the Executing Court may be directed to decide the execution proceedings, as early as possible.
Considered the submissions made by the counsel for the petitioner. The petitioner has not filed the order sheets of the Executing Court to show that the matter is being kept pending without any reasonable reason. In absence of the order sheets of the Executing Court, this Court is of the considered opinion that the petitioner has failed to make out a 2 MP-5428-2018 prima facie case warranting direction to the Executing Court. Accordingly, this petition is hereby dismissed.
(G.S. AHLUWALIA) JUDGE MKB MAHENDRA KUMAR BARIK 2018.12.04 19:19:47 +05'30'