Petitioner sought directions for expeditious disposal of an execution petition. The High Court dispensed with notice and directed the Executing Court to proceed immediately after the First Appeal order attaining finality, citing the respondent's non-compliance and failure to pay rent.
Order to proceed with execution of decree directed to Executing Court.
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CR-646-2023 (O&M)
115
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-646-2023 (O&M) Date of Decision: 01.02.2023
Amit Arora
.…Petitioner
Versus
Jatin Arora ….Respondent
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mr. Shrey Goel, Advocate for the petitioner.
ARUN MONGA, J. (ORAL)
Petition herein is for issuance of direction to the Executing Court sought by Decree Holder/petitioner to decide the Execution Petition (Annexure P-3) within a stipulated period.
2.1. Respondent filed a reply to the application filed by petitioner under Order 20 Rule 12 CPC stating that the said application was not maintainable and was an abuse of the process of law. He also denied the ownership of petitioner.
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ASHISH 2023.02.14 16:46 I attest to the accuracy and authenticity of this order/judgment
CR-646-2023 (O&M)
2.2. Learned trial Court after considering the submissions made by parties to the lis allowed the application filed by petitioner vide order dated 04.11.2019 (Annexure P-2). The trial Court held that petitioner was successful in establishing all the ingredients necessary for passing decree for possession of arrears and rent, mesne profits on admission. Ld. trial Court further directed the respondent to hand over the possession of the premises in question within 30 days and further held that petitioner was also entitled to recovery of arrears of rent and mesne profits to the tune of Rs.23,100/- p.m. along with interest @ 12% p.m. w.e.f May-2015 till the date of realization. The trial Court also held that petitioner was entitled to damages to the tune of Rs.50,000/- besides rent due. However, since respondent failed to comply with order dated 04.11.2019, petitioner filed the execution application.
2.3. Respondent appeared and filed his objections and also mentioned that he had filed an appeal before learned First Appellate Court, Gurugram. However, Ld. First Appellate court directed respondent to deposit the complete rent in the name of the Court vide order dated 17.02.2020 (Annexure P-5). Since respondent failed to comply with the said order, learned First Appellate Court revoked the injunction granted in favour of respondent vide order dated 24.09.2021 (Annexure P-6). Respondent also filed a revision petition before this Court which was ultimately dismissed as withdrawn on 04.10.2019 (Annexure P-7).
2.4. As per petitioner, respondent is now carrying out illegal activities in the property in question. Learned trial Court in case titled as Amit Arora vs. Jatin Arora appointed a Local Commissioner and requested him to visit the suit property and to inspect the same. The Local Commissioner inspected the spot and observed in his report that respondent brought girls everyday around 10 PM in the night and dropped them off around 5-6 AM next morning. Hence, petitioner seeks expeditious disposal of his execution application.
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CR-646-2023 (O&M)
( ARUN MONGA ) JUDGE
February 01, 2023 ashish
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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2 issues framed by the court
Whether the Executing Court should proceed for execution of the decree despite the judgment being sub-judice in the First Appeal.
Whether notice to the judgment debtor is necessary for passing the order directing expeditious disposal of the execution petition.
Amit Arora
Jatin Arora
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
