- (1.) This is a classical case of how civil proceedings can be prolonged ad infinitum, causing grave injustice to one of the parties. The landlord filed suit for possession which succeeded right till this Court. The execution proceedings filed in the year 2009 has dragged on for 12 years. The petitioner before us filed objections in the execution proceedings on 26.03.2010. It was his contention that he was running a business in the decretal shop in partnership with the tenant from 1980. This application filed by the petitioner itself was an abuse of process of law.
(2.) We are not satisfied with merely dismissing the special leave petition as some signal must be sent to discourage this nature of litigation. We, thus while dismissing the SLP impose the following directions : 1) The execution be satisfied within a period of 15 days from this order being placed before the trial Court. 2) Damages be computed by the executing Court at the market rates against the petitioner from the date of filing the objection i.e. 26.03.2010 till possession is taken and this process be completed within a period of three months. 3) The petitioner for wastage of judicial time and for dragging on the proceedings be burdened with costs of Rs. 1 lakh to be paid to the respondent within the same period of three months.
(3.) The special leave petition is dismissed in terms aforesaid.;