Braj Bhuthan Singh vs Dwarika Ram and Others

M.Y. Eqbal, J.—The petitioner again approached this Court seeking a direction upon the Court below for disposal of Misc. Appeal No. 5 of 2007 which arose out of Execution Case No. 1 of 1988.

It appears that the plaintiff-petitioner obtained decree for specific performance of contract in Title Suit No. 57 of 1985. The suit was decreed and first appeal being F.A. No. 53 of 1988 (R) was filed which was dismissed by this Court on 8.12.1994. The respondents then filed Letter Patent Appeal being L.P.A. No. 5 of 1995(R), which was dismissed as abated. Thereafter, so many petitions were filed on behalf of different claimants for their substitution in place of the deceased respondents and, the matter fought up to Supreme Court where all such claims were dismissed. In the meantime, decree was put in Execution Case No. 1 of 1988. Again some objection was filed in the Executing Court and the same was pending for hearing before the additional District Judge-I, Giridih in Misc. Appeal No. 5 of 2007 when the Misc. Appeal was not disposed of and the decree was not executed, petitioner moved this Court by filing W.P.C. No. 5353 of 2007 seeking appropriate direction upon the Courts below. The said writ petition was disposed of on 3.1.2008 by passing the following order:

The plaintiff-petitioner obtained the decree for specific performance of contract and that decree was put in execution in Execution Case No. 1 of 1988. The Judgment and decree was affirmed up to the Supreme Court. It appears till date decree has not been executed because of the objection filed by the respondents which is pending before the Additional District Judge-I, Giridih in Misc. Appeal No. 5 of 2007.

Learned counsel for the petitioner submitted that in the said Misc. Appeal, entire record of execution case has been called for, as a result of which, the petitioner is not in a position to proceed with the execution case.

Without going into merit of the contention, I dispose of this application with a direction to the Additional District Judge-I, Giridih to dispose of the Misc. Appeal as expeditiously as possible and preferably within a period of six months from the date of receipt of a copy of this order. Needless to say that, the record of Execution Case shall be remitted to the Court below immediately after disposal of the appeal.

Learned Counsel for the petitioner submitted that till date appeal has not been disposed of by the Additional District Judge-I, Giridih. In this connection, learned Counsel brought before me a certified copy of order dated 6.8.2008 which shows that Misc. Appeal No. 5 of 2007 is still pending and the Additional District Judge-I, Giridih has been granting adjournment.

Since, a specific direction was given to Court below for disposal of Misc. Appeal within six months, prima facie, it appear that the Court below has no respect or regard to the order passed by this Court.

In the aforesaid premises, the Additional District Judge-I Giridih is directed to submit an explanation through the Registrar General of this Court as to why he has not complied the direction issued by this Court.

Put up this case on 16th October, 2008. Let a copy of this order be sent to the Court below by FAX.