Bhola Prasad Sah vs Rajesh Rajpal

D.N. Patel, J.—With a very limited prayer, this writ petition has been preferred to the extent that let a suitable direction be given to the Sub Judge I Ind, Deoghar for earliest disposal of the Title Execution Case No. 01 of 2010 on the basis of the judgment and decree passed by the trial court dated 18th December, 2009 in Title (Eviction) Suit No. 35 of 2004. The present Petitioner is an original Plaintiff or decree holder and the execution case, which has been preferred is not yet decided by the executing court.

It is submitted by learned Counsel for the Petitioner that the Respondent is taking time and, therefore, the matter is not being finally disposed of. Even the judgment and decree passed in the trial court has not been challenged by way of an appeal by the original Defendant.

Learned Counsel for the Petitioner further submitted that in pursuance of the notice issued by this Court on 2nd February, 2011, the Petitioner tried to serve the notice upon the Respondent, but, he has refused to accept the notice of this Court. To this effect, an affidavit dated 28th February, 2011 has been filed.

Learned Counsel for the Petitioner also submitted that till today, nobody has preferred any objection for the execution of the decree. Thus, there is no objector as on today.

In view of the aforesaid submission and looking to the facts and circumstances of the case, I hereby direct the Sub Judge I Ind, Deoghar to expedite the hearing of the Title Execution Case No. 01 of 2010 so as to dispose it of on or before 30th August, 2011.

The writ petition is, accordingly, disposed of.