The High Court expressed displeasure at the cavalier manner in which the lower court implemented a judgment. The Court allowed a prayer for extension of time but set a target to implement directions by end of June 2019.
Prayer for extension of time allowed with a target to conclude execution by end of June 2019.
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W.P.(C) No.19175 OF 2017
I.A. No. 6150 of 2019
08. 25.04.2019
On going through the letter dated 07.01.2019 sent by the learned 2nd Addl. Sr. Civil Judge, Berhampur addressed to the Deputy Registrar (Judicial) of this Court in praying for extension of time for four months for due conclusion of the execution proceeding i.e. E.P. No. 03 of 2012, it is seen that on earlier occasion i.e. on 22.9.2018, a similar letter had been sent praying for extension of some more time for implementation of the direction contained in the judgment dated 02.05.2018 passed by this Court in W.P.(C) No. 19175 of 2017.
When in the earlier letter indicating that because of the filing of the application under section 47 of the Act by the JDr and the difficulties faced by the baliff in the field, direction could not be complied with; the court below had sought for extension of time; in the present letter it has been written that on 16.10.2018 the entire record of E.P. No. 3 of 2012 has been submitted to the learned District Judge, Ganjam, Berhampur pursuant to letter dated 12.9.2018. Surprisingly, in that letter dated 22.9.2018, there was absolutely no mention of the letter dated 12.9.2018. All these would reveal that the executing court instead of taking any sincere step for implementing the direction contained in the judgment dated 02.05.2018 passed by this Court in W.P.(C) No. 19175 of 2017 has been dealing the matter in a cavalier fashion and just for giving a flavour of sincerity in looking into the matter, the prayer in the letter on hand has been so designed.
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It is really a sorry state of affair to see that a person having obtained a valid decree attaining finality with the order of the Hon’ble Apex Court has been begging since long for getting alms in the form of the fruitful execution of that decree and the court instead of taking steps as provided in law at the earliest is still going in a casual fashion.
This Court again expresses its anguish and displeasure in the matter.
However, considering the fact that there has been lapse of more than three months by now since that letter, this Court hopes and trusts that the implementation of the directions as aforesaid would be made positively by the end of June, 2019. The prayer for extension of time his accordingly disposed of.
The I.A. is disposed of.
Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
Aks
3 issues framed by the court
Whether to grant extension of time for concluding execution proceedings when the executing court has shown a lack of diligence.
Whether to express displeasure over the cavalier manner of dealing with execution of a decree finalised by the Supreme Court.
Whether to fix a deadline for the implementing court to positively implement the directions.
1 provisions across 1 enactments
Unknown Petitioner
Unknown Respondent
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
