Punjab-Haryana High Court
Goverdhan Lal vs State Of Punjab And Others on 17 October, 2011
Author: Jaswant Singh
Bench: Jaswant Singh
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CR No.5345 of 2011(O&M)
Date of decision: 17.10.2011.
Goverdhan Lal
....................Petitioner
v.
State of Punjab and others
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Dr.Naresh Kaushik,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Petitioner is a decree holder after his suit was decreed on 19.9.2003 whereby he was declared as owner in possession of the land measuring 11 kanals 3 marlas alongwith trees standing thereon and the defendants-State authorities were restrained from cutting, removing or claiming the trees standing on the suit land belonging to the plaintiff. It is stated that the decree has attained finality. In the execution petition filed in October 2008, in view of the objections of the JDs issues have been framed on 10.9.2010 and the matter is being unnecessarily delayed and hence decree holder has filed the present revision petition under Article 227 of the Constitution for directing the learned Executing Court to expedite the conclusion of the execution proceedings.
In view of the averments made in the revision petition, a report was sought from the Court of learned Additional Civil Judge (Senior Division) Hoshiarpur entrusted with the task of executing decree. As per the report it is stated that the decree holder has submitted the examination in chief of his two witnesses and the case is now pending for cross examination of both the witnesses.
After hearing the learned counsel for the petitioner and perusing the report it is apparent that the petitioner himself is yet to conclude his evidence. As such no fault can be attributed to the learned Executing Court. However, keeping in view the nature of the dispute, this petition is disposed of with a hope that the learned Executing Court shall endeavour to dispose of the execution petition in accordance with law in an expeditious manner.
Disposed of in the above terms.
17.10.2011 (Jaswant Singh) joshi Judge