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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
128
CR No.2137-2025 (O&M)
Date of Decision: 27.05.2025
Rakesh Bhan Dass
…Petitioner V/s Avtar Singh and others
…Respondents
CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. H.K. Aurora, Advocate, for the petitioner.
(through video conference) *** VIKRAM AGGARWAL, J (ORAL) CM-8033-CII-2025
Prayer in the application preferred under Section 151 CPC is for placing on record the correct copy of the order dated 29.09.2023 passed in CMA/8/2023 as Annexure P-8.
For the reasons mentioned in the application, the same is allowed and the order dated 29.09.2023 passed in CMA/8/2023 is taken on record as Annexure P-8.
The Registry is directed to tag the same at an appropriate place in the case file. CR-2137-2025
The instant revision petition has been preferred under Article 227 of the Constitution of India seeking issuance of directions to the executing Court to dispose of the execution petition (EXE/1431/2013) (Annexure P-2) filed by the petitioner against the Municipal Committee, Sultanpur Lodhi, District Kapurthala (respondent No.2) in terms of the directions issued by the Hon’ble Supreme Court of India in Rahul S. Shah V/s Jinendra Kumar Gandhi and others, 2021(2) RCR (Civil) 854 and recently in Periyammal vs. Rajamani and another (Civil Appeal Nos.3640-42 of 2025, decided on 06.03.2025).
VIKAS CHANDER 2025.05.28 10.22 I attest to the accuracy and integrity of this document
CR No.2137-2025 -2-
2.
It is the case of the petitioner that the said execution petition is pending for the last 15 years and is not proceeding.
3.
On a specific query having been put to learned counsel for the petitioner that once the Hon’ble Supreme Court of India has issued directions, all Courts including this Court are bound by the same and there would be no occasion to issue separate directions to any Court, learned counsel submits that despite the directions issued by the Hon’ble Supreme Court of India, the execution petition has not been disposed of. He has also referred to orders dated 07.05.2025 passed by a coordinate Bench of this Court in CR-2138- 2025- and CR-2135-2025, in which the executing Court has been directed to take effective steps by giving short adjournments and dispose of the execution petition on or before 31.08.2025.
4.
Learned counsel submits that the execution petition in the present case also arises between the same parties and arises out of the same lis. He, therefore, prays for the issuance of same directions as issued by the coordinate Bench on 07.05.2025.
5.
Though this Court is of the opinion that once the Hon’ble Supreme Court of India has issued directions, there would be no occasion for this Court to pass any further directions, however, keeping in mind that CR- 2138-2025- and CR-2135-2025 have been disposed of by a coordinate Bench of this Court vide order dated 07.05.2025, the present revision petition is also
disposed of in the same terms.
Pending application(s), if any, shall also stand disposed of.
(VIKRAM AGGARWAL)
JUDGE May 27, 2025 vcgarg
Whether speaking/reasoned : Yes/No
Whether reportable
: Yes/No VIKAS CHANDER 2025.05.28 10.22 I attest to the accuracy and integrity of this document