Indian Kanoon - Search engine for Indian Law

Himachal Pradesh High Court

Prem Kumar vs Tek Chand on 25 June, 2015

Author: Tarlok Singh Chauhan

Bench: Tarlok Singh Chauhan

            IN THE HIGH COURT OF HIMACHAL PRADESH,
                            SHIMLA

                                                     Civil Revision No. 81 of 2015.
                                                     Decided on: 25.06.2015.




                                                                         .
    Prem Kumar                                               ....Petitioner/DH.





                             Versus
    Tek Chand                                                ...Respondent/JD.
    ___________________________________________________________





    Coram

    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.

    Whether approved for reporting?1           No.





    For the petitioner.              : Mr. Rajeshwar Thakur, Advocate.

    For the respondent.
                      r              : None.


    Tarlok Singh Chauhan, Judge (Oral)

The petitioner in this revision petition has prayed for directions for deciding the execution petition bearing No. 28- X/2011 pending before the learned Civil Judge (Sr. Division), Lahaul & Spiti at Kullu in a time bound manner.

2. The records annexed with the petition reveal that the decree was passed by the learned Trial Court on 15.12.2000 and the matter finally reached this Court and the appeal filed by the judgment debtor herein was ultimately dismissed on 23.6.2011.

1

Whether reporters of the local papers may be allowed to see the judgment? Yes.

::: Downloaded on - 15/04/2017 18:26:57 :::HCHP

3. The Zimni orders annexed with the application show that the learned Executing Court has only been tossing the file without passing any effective orders.

.

4. It has to be remembered that an order/judgment after having attained finality is to be implemented, as otherwise the people will loose faith in the efficacy of the institution of the judiciary. The powers to decide the dispute and render the judgment will become meaningless unless there is a power to seek its implementation. The Rule of Law must prevail.

5. The learned Executing Court is not helpless in ensuring that its judgments are fully implemented. If the Courts fail to get their orders/judgment implemented, the people will loose faith in the judiciary. The learned Executing Court is duty bound to deal with such situation with stern hands and prevent the faith of the people from being eroded which they always have in the judiciary. There is an imperative need of quick disposal of cases, more particularly execution petitions.

6. The petitioner is right in contending that it is incredulous and surprising that the execution petition has not culminated into desirous result despite it being pending for 04 years.

::: Downloaded on - 15/04/2017 18:26:57 :::HCHP

7. It is high time that the learned Executing Court takes the proceedings to its logical end. Since, no adverse orders are being passed against the respondent, therefore, there is no necessity .

of issuing any notice to him.

8. In view of the aforesaid discussion, this revision is allowed and the learned Executing Court is directed to decide these proceedings as expeditiously as possible and in no event later than 30th September, 2015. I have been informed that the matter is listed before the learned Executing Court on 29th June, 2015, therefore, let a copy of this order be sent to the concerned Court through Fax, so as to reach well before the date fixed.

(Tarlok Singh Chauhan) Judge 25th June, 2015 (krn guleria) ::: Downloaded on - 15/04/2017 18:26:57 :::HCHP