Full Text
HIGH COURT OF DELHI
Date of Decision: 18th July, 2024
SUNITA BANSAL .....Petitioner
Through: Mr. Parikshit, Advocate.
Through: Mr. Sumit Thakur, Advocate (through V.C.)
JUDGMENT
Exemption allowed subject to all just exceptions.
1. Present petition has been filed under Article 227 of the Constitution of India and the request is very limited and precise.
2. It is prayed that the four execution petitions, which are pending before the learned executing Court and which arise out of the order granting interim maintenance in relation to HAMA 12/2016, may be directed to be expedited.
3. The attention of this Court has also been drawn towards orders passed by the coordinate Bench of this Court on 08.12.2022 in CM(M) 1373/2022 and order dated 06.07.2023 in CM(M) 1030/2023. CM(M) 2940/2024 2
4. It is stated that these execution petitions are now listed before the learned Trial Court on 19.09.2024.
5. Sh. Sumit Thakur, learned counsel for respondent, who appears on advance notice, states that these execution petitions have, virtually, become infructuous in view of the fact that the main petition, as such, had been dismissed on 23.09.2023 and, therefore, the interim orders which were, even otherwise, not against the respondent herein cannot be put to execution.
6. Such fact has been disputed by the learned counsel for the petitioner.
7. Be that as it may, since the execution petitions are pending for quite some time, learned Trial Court is requested to take up the matters and dispose of the same as expeditiously as possible, preferably, within a period of six months from today after hearing both the sides.
8. The petition stands disposed of in aforesaid terms.
9. It is clarified that this Court has not expressed any opinion about the merits of such execution petitions.
JUDGE JULY 18, 2024