Dr Radhey Shyam Goyal @APPELLANT@Hash Kalyan Prasad And Ors

Mr.Govind Khandelwal, counsel for the petitioner submitted that the execution application bearing no.02/2013 before the court of Additional District

and Sessions Judge, Karauli qua the judgment and final decree dated 07.11.2012 has been pending since 2013. He submitted that yet no effective

steps in the said execution application are being taken and the matter is being adjourned casually without just cause. It has prayed that the Executing

Court be in the circumstances, directed to decide the execution application no.02/2013 expeditiously and in any event not later than 12 months from the

date of presentation of a certified copy of this order.

Having heard the counsel for the petitioner and perused the petition and order sheets of the executing court, I am of the considered view that it would

be appropriate to direct the Executing Court to decide the execution application in issue finally as expeditiously as possible and in any event not later

than 12 months from the date of presentation of a certified copy of this order. To effectuate this order adjournments in the execution application not be

granted without just cause and when inevitable, for the short possible time, by a reasoned order on a proper application being filed to the satisfaction of

the executing court. To facilitate compliance of this order, the executing court is directed to adhere to the observations of the Apex Court in the case

of M/s. Shiv Cotex Vs. Trigun Auto Plast (P) Ltd. & Others [(2011)9 SCC 678] wherein it has been observed that adjournments should ordinarily be

limited to three/ four times in a suit. I am of the view that the said observations would apply on analogy to execution applications.

The petition stands disposed of accordingly.