Sarwan Kumar vs Smt. Shanti and Others

G.S. Sandhawalia, J.—On the last date of hearing, the following order was passed in the main revision petition:- The prayer in the present petition is for directing Ms. Sunita Gupta, Rent Controller/Addl. Civil Judge (Senior Division), Hisar to decide the execution application filed by the petitioner against the respondents. It is contended that eviction order on account of non-payment of rent was passed on 11.1.2003 against the respondents. The Appellate Authority dismissed the appeal on 26.2.2008 and the revision was dismissed by this Court on 26.8.2010. Thereafter, petitioner filed execution application on 6.12.2010 and the same is pending before the said officer. The zimini orders have also been placed on record which go on to show that even warrants of possession was issued initially vide order dated 21.10.2010 and thereafter, the same were received back unexecuted, which find mentioned in order dated 10.11.2010 on the account of the fact that there were chances of quarrel at the site becuase the judgment debtor Smt. Shanti Devi was not ready to hand over the possession of the house in dispute. Orders thereafter also shows that the Courts stayed the execution proceedings on 14.12.2010 on the ground that matter was pending before the Hon''ble Supreme Court but without there being any stay order. Thereafter, case has been adjourned time and again for reasons best known to the Presiding Officer and the beneficiary is obviously the tenant. Now the case is pending for 24.3.2012.

Let a report be called from the concerned officer through the District and Sessions Judge, Hisar as to why in spite of the fact that the revision was dismissed on 26.8.2008, the disposal of application for execution is being delayed. The report shall also indicate the time frame within which the execution application will be decided.

Adjourned to 3.4.2012.

In pursuance of the said order, a report dated 24.03.2012 has been received from Ms. Sunita Gupta, Addl. Civil Judge (Sr. Divn.)/Rent Controller, Hisar which has been forwarded by the District and Sessions Judge vide forwarding letter dated 26.03.2012. The Presiding Officer, in the report, has mentioned that the execution has been withdrawn by the decree holder-Sarwan Kumar being fully satisfied. Counsel for the petitioner also affirms in positive regarding the said fact.

Accordingly, no further orders are called for in the present revision petition and the same is disposed of as having been rendered infructuous.