Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 878 of 2025 (M/S)
Shree Krishan Bhagwan ….......Petitioner Vs. Smt. Madhubala and others …….....Respondents
Present : Mr. Dushyant Mainali, Advocate for the petitioner.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
The petitioner seeks expeditious disposal of Execution Case No.41 of 2024, Shree Krishan Bhagwan vs. Smt. Madhubala and others, pending in the court of 4th Additional Civil Judge (Sr. Div.), Dehradun in view of the law laid down by the Hon’ble Supreme Court in the case of Rahul S. Shah vs. Jinendra Kumar Gandhi and others, (2021)6 SCC, 418 and Periyammal (Dead) through LRs. and Others vs. V. Rajamani and another, 2025 0 Supreme (SC) 461 in Civil Appeal Nos.3640-3642 of 2025 (arising out of SLP (C) Nos.8490-8492 of 2020), decided on 06.03.2025.
2.
Heard learned counsel for the parties and perused the record.
3.
Learned counsel for the petitioner would submit that in the case of Rahul S. Shah(supra) and Periyammal (supra), the Hon’ble Supreme Court has given
2 various directions for expeditious disposal of the execution case. He would refer to para 75 of the judgment that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side.
4.
The law as laid down by the Hon’ble Supreme Court is law of the land. In order to enforce the law, as laid down by the Hon’ble Supreme Court, a writ petition may not be entertained. Every court is bound to follow the law so laid down.
5.
With the above observations, the petition stands disposed of.
(Ravindra Maithani, J.)
01.04.2025 Sanjay