Petitioner approached High Court via writ petition for execution of a decree. Court declined to exercise supervisory jurisdiction for execution and dismissed the petition, allowing further application in execution court.
Petition dismissed; liberty to move appropriate application for expeditious disposal of execution proceedings.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 16763/2018
Shimla Devi W/o Korsen, Aged About 63 Years, B/c Agrawal, Sangariya, Dist. Hanumangarh.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. N.K. Goyal For Respondent(s) : - - -
JUSTICE DINESH MEHTA
Order
11/12/2018
The present writ petition has been filed by the petitioner with
the following prayer :-
“ It is therefore humbly prayed that the above writ petition may kindly be allowed and the lower court may be directed to execute the decree of the petitioner on the earlier occasion.
Any other appropriate order or direction which this Hon’ble Court deem fit just and proper may also be passed in favour of the petitioner.”
Mr. Goyal, learned counsel for the petitioner submitted that the petitioner has filed the execution application way back in the year 2001 for execution of judgment and decree dated
(2 of 2)
[CW-16763/2018]
13.09.1993, appeal where-against too had been dismissed on 27.07.2011.
Learned counsel while navigating the Court through the proceedings of the Executing Court, submitted that for one reason or the another, decree has not been executed.
In considered opinion of this Court, the supervisory jurisdiction is essentially meant for correcting the illegality or error of law crept in the order passed by the subordinate court. The direction as prayed for cannot be issued.
The writ petition is therefore, dismissed. The petitioner shall however be at liberty to move appropriate application for expeditious disposal of the execution proceedings. As an when such application is filed, the concerned Court is expected to decide the same in accordance with law.
(DINESH MEHTA),J
5-himanshu/-
Shimla Devi W/o Korsen
Surendra Kumar S/o Chanandas
Sohanlal S/o Chanandas
The Civil Judge, Anoopgarh
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
