MOHAMMAD RAFIQ - (1.) This writ petition has been filed by the petitioner -decree holder, who has approached this Court with the grievance that despite judgement and decree passed in his favour in the suit for specific performance on 5.9.2012 by the Court of Additional District Judge (Fast Track) No.5, Jaipur Metropolitan so far the execution of the aforesaid decree has not been made. In the earlier stage, the learned executing court was delaying the execution only because the defendant -respondent filed the first appeal before this Court, but now the appeal has been dismissed on 8.12.2014. Therefore, even that reason has also ceased to exist. There is no justification for delaying the execution of the judgement -decree. Learned counsel in support of his contentions relied on the judgement in Satyawati v. Rajinder Singh & Anr.(2013) 9 SCC 491 and argued that Supreme Court has deprecated unreasonable delay on the part of the executing court in execution of the decree.
(2.) Dr. P.C. Jain, learned counsel for the respondent submitted that the judgement of this Court passed in first appeal aforesaid has been subjected to challenge before the Supreme Court by filing Special Leave to Petition and, therefore, this Court as also the executing court, should await decision of the Supreme Court.
(3.) The Supreme Court in the aforesaid judgement of Satyawati, supra has deprecated the delay in execution of decree passed in civil suit. The Supreme Court held that it is really agonising to learn that the appellant decree -holder is unable to enjoy the fruits of her success despite lapse of long period of time since passing of the judgement and decree. The Supreme Court has referred to earlier previous judgements of Privy Council in General Manager of the Raj Durbhunga v. Coomar Ramaput Sing, (1871 -72) 14 MIA 605 : 20 ER 912 and Kuer Jang Bahadur v. Bank of Upper India Ltd.AIR 1925 Oudh 448 (PC) wherein it was observed that Courts in India have to be careful to see that the process of the Court and the law of procedure are not abused by judgement -debtors in such a way as to make courts of law instrumental in defrauding creditors, who have obtained decrees in accordance with their rights.;