Rajesh Khatri vs Gopichand Khatri on 18 August, 2023

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Madhya Pradesh High Court

Rajesh Khatri vs Gopichand Khatri on 18 August, 2023

Bench: Sanjay Dwivedi

                                                               1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                 ON THE 18 th OF AUGUST, 2023
                                                MISC. PETITION No. 4534 of 2023

                           BETWEEN:-
                           RAJESH KHATRI S/O SHRI KISHAN LAL KHATRI, AGED
                           ABOUT 59 YEARS, OCCUPATION: BUSINESS R/O. HOUSE
                           NO. 1018, VIJAY NAGAR JABALPUR DISTRICT
                           JABALPUR (MADHYA PRADESH)

                                                                                             .....PETITIONER
                           (BY SHRI GHANSHYAM SHARMA - ADVOCATE)

                           AND
                           GOPICHAND KHATRI S/O LATE KISHAN LAL KHATRI,
                           AGED ABOUT 65 YEARS, 33-B EKTA NAGAR JABALPUR
                           DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                           (NONE)

                                  This petition coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

Counsel for the petitioner by the instant petition filed under Article 227 of the Constitution of India is raising a grievance that petitioner has filed a suit in the year 2013 seeking eviction of the respondent wherein suit was decreed in his favour by the Civil Court vide judgment and decree dated 23.07.2016 and this judgment and decree have attained finality even though it has been challenged by the respondent before higher forum and, therefore, the petitioner, being a decree-holder has filed execution proceeding on 18.01.2017 seeking implementation of the judgment and decree as even after a lapse of almost six Signature Not Verified Signed by: SATYA SAI RAO Signing time: 8/18/2023 6:44:30 PM 2 years, the judgment and decree have not been implemented.

2. It is surprising that the Executing Court has failed to get the decree implemented and deprived the decree-holder to get the fruits of litigation. It is otherwise causing dent to the judicial system.

3. In view of the above, the matter be placed before the concerning District Judge i.e. District Judge, Jabalpur to monitor the case and issue appropriate instructions to the Executing Court for getting the decree implemented if there is no impediment or any bar for executing the said judgment and decree.

4. It is made clear that the Executing Court may also take assistance of the authority for getting the decree implemented or to handover the possession of the premises to the decree-holder without any further delay in the matter.

5. With the aforesaid direction, the petition stands disposed of.

6. Let a copy of this order be sent to the concerning Court and also to the District Judge, Jabalpur for necessary compliance.

(SANJAY DWIVEDI) JUDGE rao Signature Not Verified Signed by: SATYA SAI RAO Signing time: 8/18/2023 6:44:30 PM

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