Rama W/o Sh. Ravinder v. Ravinder S/o Sh. Daleep Singh
Cr.Rev.(FC)/33/2025 · 2025-07-09
Sushil Kukreja, Tarlok Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18757 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18757 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:22045 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr. Revision (FC) No.33 of 2025
Decided on: 9th July, 2025
Rama
.......Petitioner
versus
Ravinder
...Respondent
Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge. The Hon’ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1 No.
For the petitioner: Ms. Divya Rajta, Advocate.
For the respondent: Nemo.
Tarlok Singh Chauhan, Judge (Oral)
Since the respondent had already been proceeded against ex-parte before the learned Family Court, notice need not be issued to him.
2.
It is shocking to note that at the very first given opportunity, the learned Principal Judge, Family Court, Sirmaur District at Nahan has straightway dismissed the execution petition for want of prosecution, only because the petitioner had failed to supply the list of moveable and immovable properties of the respondent.
3.
The learned Principal Judge, Family Court has remained totally oblivious to the fact that it is for the Court to ensure that the orders passed by it are duly executed and it is only in exceptional circumstances, that too, where a party is
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
( 2025:HHC:22045 ) 2
found to be grossly negligent in pursuing the case, can the execution petition be dismissed for want of prosecution.
4.
A duty is cast upon the Court to ensure that its orders are duly executed and such execution is required to be taken to its logical end, or else, the faith in the legal system will be totally eroded.
5.
The order passed by the learned Family Court is not only harsh and is oppressive, but contrary to law and the same is accordingly set aside.
6.
Accordingly, the present petition is allowed and the order dated 19.05.2025 passed by the Principal Judge, Family Court, Sirmaur District at Nahan, H.P. is set aside. The petitioner is directed to appear before the learned Family Court on 23.07.2025.
7.
The petition stands disposed of in the aforesaid terms, so also the pending applications, if any.
( Tarlok Singh Chauhan )
Judge
July 09, 2025 ( Sushil Kukreja ) (naveen)
Judge