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(2021) Law Today Live Doc. Id. 16092 = 2021(2) L.A.R. 50
Decided on: 25.03.2021
Present:
Mr. R.S. Chauhan, Advocate for the petitioner.
Ms. Lavanya Paul, AAG, Punjab.
Constitution of India, Article 227 -- Code of Civil Procedure, 1908 (V of 1908), Order 21 -- Execution petition pending since 2016 – Revision against -- Warrants of possession have been issued on numerous dates but either the same have not been received back or have been returned back unexecuted – Direction given to Executing Court to finally decide the execution petition as expeditiously as possible and in any case within a period of two months.
(Para 3, 6)
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ALKA SARIN, J. (ORAL) –
1. Heard through physical hearing.
2. The prayer in the present petition under Article 227 of the Constitution of India is for issuance of a direction to the Civil Judge (Junior Division), Ferozepur i.e. the Executing Court for deciding the execution petition in a time bound manner, which has been pending since 2016.
3. Learned counsel for the petitioner would contend that the warrants of possession have been issued on numerous dates but either the same have not been received back or have been returned back unexecuted. Learned counsel for the petitioner has taken this Court through various zimni orders to emphasize that despite the warrants of possession being issued on numerous dates, for one reason or the other, the same are not being executed. Learned counsel for the petitioner would further contend that he limits his prayer in the present petition and would be satisfied if a direction is issued to the Executing Court to decide the execution petition finally in a time bound manner.
4. I have heard the learned counsel for the petitioner.
5. In view of the fact that the present petition is not being decided on merits, issuance of notice to the respondents is dispensed with.
6. In view of the limited prayer made by learned counsel for the petitioner, the present petition is disposed off with a direction to the Executing Court to finally decide the execution petition as expeditiously as possible and in any case within a period of two months from the date of receipt of certified copy of this order. The Executing Court shall also ensure that the warrants of possession are executed in accordance with law.
7. Disposed off accordingly.
Order accordingly.
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