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2024 DIGILAW 79 (HP)

Devta Shri Shyati Nag (Shesh Nag) v. Himat Ram

2024-01-11

RANJAN SHARMA

body2024
JUDGMENT : RANJAN SHARMA, J. 1. This petition originates from Execution Petition No. 30 of 2018 seeking execution of the decree dated 08.11.2012 (Annexure P-1), which is pending before the Civil Judge, Junior Division Chahiot at Gohar, District Mandi, H.P. titled as Devta Shyati Nag (Shesh Nag) and Others vs. Himat Ram and Others. 2. Learned counsel for the petitioners submits that the execution proceedings are not making headway and are being undertaken at a slow pace. Though this Court, is conscious of the limits of judicial intervention in such matters. However, keeping in view the mandate of the Hon’ble Supreme Court, in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi and Others, (2021) 6 SCC 418 relied upon by this Court in CMPMO No. 617 of 2023, titled as Tilak Raj vs. The Chalet Co-operative Agriculture Services Society Ltd. and Another decided on 08.11.2023, this Court requests the learned Civil Judge, Chachiot at Gohar, District Mandi to make efforts for concluding the Execution Proceedings (Ex. Petition No. 30 of 2018), in accordance with law, subject to docket of cases, within five months from today. 3. Consequently, upon the passing of above order, the Registry of this Court is directed to inform the learned Civil Judge, Chachiot at Gohar (District Mandi, H.P.) and also the respondents so as to enable them to participate in the proceedings, on the date to be fixed, by the Court below. 4. In aforesaid terms, the instant petition as well as the pending miscellaneous applications, if any, shall also stand disposed of, accordingly.