Major Singh vs Darshan Singh

L.N. Mittal, J.—Decree holder Major Singh has approached this Court by way of instant revision petition under Article 227 of the Constitution of India seeking direction to the executing Court for deciding execution petition No. 39 of 2011 within specified time frame i.e. within one month from the next date of hearing.

I have heard learned counsel for the petitioner and perused the case file.

The petition lacks material particulars. It does not state when the execution petition was filed. Zimni orders of the executing Court have also not been placed on record. However, some zimni orders of the executing Court have been shown by counsel for the petitioner depicting that notice of the execution petition was issued on 02.04.2011 for 13.06.2011 for the first time by the executing Court. Consequently it cannot be said that there has been any unnecessary delay in the execution petition. In fact, the petitioner appears to be aggrieved because there was long delay of 13 years in the decision of his suit vide judgment Annexure P-1.

Having said as aforesaid, the instant revision petition is disposed of with direction to the executing Court to dispose of the execution petition as expeditiously as possible keeping in view the docket of the Court.