Working Of Judicial System Painfully Slow, Creates Frustration Amongst People Seeking Justice: Punjab & Haryana High Court

Deploring an 'executing court' for its insensitive approach, the Punjab and Haryana High Court recently observed that the working of our judicial system is painfully slow and sluggish, which creates frustration amongst the people seeking justice.

The bench of Justice H. S. Madaan was essentially dealing with a case involving a civil dispute, wherein despite obtaining a decree in its favor in the year 2014, the plaintiffs/decree-holders could not get possession of the encroached portion.

The court noted that the defendant in the matter, having lost the litigation in the trial Court as well as in First Appellate Court could successfully stretch the proceedings getting one adjournment after the other on one pretext or the other.

The case in brief

Essentially, the Plaintiffs filed a civil suit against the defendants (4 in number) seeking possession of land situated in District Hisar (Haryana) said to be in illegal possession of the defendants. After hearing arguments of both sides, Civil Judge (Jr.Divn.), Hansi, vide judgment and decree dated 3.7.2014, allowed the claim of the plaintiffs.

Resultantly, the suit filed by the plaintiffs against the defendants was decreed and plaintiffs were found entitled to get possession of the suit land from the defendants. The defendants preferred an appeal before the Court of District Judge, Hisar, which dismissed the same in May 2018.

Thereafter, the plaintiffs filed an execution petition, which kept on getting adjourned as the defendants did not appear in the matter, and therefore, after two years, in August 2022, an ex-parte order was passed in favor of the plaintiffs. Thereafter, an application was filed on behalf of the Judgment Debtors for not handing over the possession of suit land to the decree-holders.

Meanwhile, a revision plea was filed by defendant no. 1 before the HC seeking the setting aside of an order dated 8.8.2022 vide which an ex-parte order was granted in favor of the plaintiffs.

High Court's observations

Taking into account the fact that an execution petition was filed about two years earlier but to date, the possession of the encroached portion could not be got delivered to the decree-holders, the Court remarked thus:

".. (it) speaks volumes for working of our judicial system, which is painfully slow and sluggish creating frustration amongst the people seeking justice. JDs having lost the litigation in the trial Court as well as in First Appellate Court with no stay order being there in their favour have successfully stretched the proceedings getting one adjournment after the other on one pretext or the other and the Executing Court seems to be granting liberal adjournment without being sensitive to the plight of the decree-holders, who are waiting for justice for long more than 10 years. The Executing Court needs to take strong and stringent action in the matter so as to ensure that warrants of possession are executed rather than passing orders in a mechanical manner that warrants of possession had been received back unexecuted, fresh be issued for the next date of hearing. That rather shows the insensitive approach of the Executing Court."

Consequently, finding no merit in the civil revision petition, the same was dismissed with the hope that the Executing Court would realize its responsibility and get the decree executed at the earliest.

Case title - Rattan Singh @ Rattan Lal v. Bhirawan Bai and others

Case Citation: 2022 LiveLaw (PH) 315

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