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(2024) Law Today Live Doc. Id. 19576 = 2025(1) L.A.R. 33
Decided on: 03.10.2024
Present:
Mr. Digvijay Nagpal, Advocate for the petitioner.
Code of Civil Procedure, 1908 (V of 1908), Section 47, Order 21 -- Constitution of India, Article 227 – Expeditious disposal of execution petition -- Warrants of possession not executed -- Despite the Decree Holder (DH) being present, none came for execution of the warrants of possession -- Objections filed by the judgment debtor dismissed, however, second objections have been filed – Revision petition disposed off with a request to the Executing Court not to grant any unnecessary adjournments and to decide the execution application pending before it expeditiously and in accordance with law.
(Para 2, 3)
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ALKA SARIN, J. (ORAL) –
1. Prayer in the present revision petition filed under Article 227 of the Constitution of India is for expeditious disposal of the execution application (Annexure P-2).
2. Learned counsel for the petitioner would contend that despite numerous orders, the warrants of possession have not been executed. Rather, false reports have been furnished by the official concerned which has also been noticed in the zimni orders. Learned counsel has pointed out to the order dated 18.09.2023 passed by the Executing Court concerned as well as the orders dated 20.10.2023, 21.10.2023 and 07.11.2023. Thereafter also despite the Decree Holder (DH) being present, none came for execution of the warrants of possession. Learned counsel would further contend that thereafter objections were filed by the judgment debtor which were dismissed. However, now second objections have been filed and the matter is unnecessarily being delayed.
3. In view of the limited prayer made by the learned counsel for the petitioner, the present petition is disposed off with a request to the Executing Court concerned not to grant any unnecessary adjournments and to decide the execution application pending before it expeditiously and in accordance with law. Pending applications, if any, also stand disposed off.
Order accordingly.
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