Ajay Sood vs State Bank Of India And Another

Ajay Mohan Goel, J

By way of this petition filed under Article 227 of the Constitution of India, the petitioner has prayed for the following relief:

“A. That the Ld. Senior Civil JudgeÂcum Additional Chief Judicial Magistrate, Palampur, District Kangra may be directed to decide the Civil

Execution Petition bearing No. 5 of 2020, titled “Ajay Sood Vs. State Bank of India & another†expeditiously, preferably, within a period of three

months.â€​

Mr. Maniktala, learned Senior Counsel for the petitioner has drawn the attention of this Court to page No. 60 of the paperÂbook and by referring

thereto, he submits that the case was lastly listed before the learned Executing Court on 07.07.2020 and the same now has been ordered to be listed

on 26.10.2020. He submits that taking into consideration the decree which has been passed in favour of the petitioner, it will be in the interest of justice

in case this Court orders preponment of the case so fixed by the learned Executing Court.

Mr. Arvind Sharma, learned counsel for the respondents submits that the judgment and decree passed by the Court concerned, execution of which

has been sought, has attained finality and otherwise also, respondents have a right to submit their objections to the execution petition.

Having heard learned counsel for the parties and having perused the averments made in the petition as well as the documents appended therewith,

this petition is disposed of with the direction that objections to the Execution Petition be filed by the respondents herein, as prayed for, within four

weeks from today and listing of Execution Petition thereafter is ordered to be preponed from 26.10.2020 to 16th September, 2020. It is further

observed that the Court may make an endeavour to decide the Execution Petition as expeditiously as possible, but strictly in accordance with law.

Miscellaneous applications, if any, also stand disposed of.