Madhya Pradesh High Court
MP/493/2024 of SAURABH TIWARI Vs SMT. MADHAVI SHARMA on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IVON THE 2[nd] OF FEBRUARY, 2024
MISC. PETITION No. 493 of 2024
BETWEEN:-
SAURABH TIWARI S/O SHRI UMA SHANKAR TIWARI,AGED ABOUT 42 YEARS, OCCUPATION: BUSINESS G-20BANK COLONY CITY CENTER DISTRICT GWALIOR(M.P. ) (MADHYA PRADESH)
(BY MR. RAJEEV SHRIVASTAVA - ADVOCATE)
AND
SMT. MADHAVI SHARMA W/O PAWAN SHARMA, AGEDABOUT 54 YEARS, OCCUPATION: HOUSEWIFE 49/50GANDHI ROAD, SATYADEV NAGRA DISTRICTGWALIOR (M.P. ) (MADHYA PRADESH)
.....PETITIONER
(NONE)
.....RESPONDENT
This petition coming on for hearing this day, the court passed the following:
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ORDER
Petitioner filed this petition under Article 227 of the Constitution of India seeking following relief:- "1. That, looking to the compromise decree inrespect of the substantial amount the trial Court bedirected to execute the decree forthwith withoutany adjournment and to issue the attachmentwarrant to be executed forthwith.
2. That, cost of this litigation may also beawarded."
2. Heard learned counsel for the petitioner.
3 . By way of present petition, a direction to execute the decree inexecution proceedings No.40/2021 is being sought expeditiously within thestipulated time.
4. It is commonly known that each and every Court of the country isburdened with number of cases and this Court is not aware about the pendencyof the cases in the Court concerned. Thus, it will not be proper to tie the Courtconcerned to decide the case within the specified period, but on the other handcase cannot be kept pending for an uncertain period.
5. Having regard to the submissions made by learned counsel for thepetitioner and considering the facts and circumstances of the execution case, itis provided that in case petitioner makes an application before the Court belowfor early disposal of the case, the Court shall consider it, pass an appropriateorder and decide the case within reasonable time.
6. The petition is finally disposed of in the above terms.
bj/-
(RAJENDRA KUMAR-IV)JUDGE