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october 2023

Supreme Court of India · 2023-10-30

PRADEEP MEHRA vs HARIJIVAN J. JETHWA (SINCE DECEASED THROUGH LRS)

Citation / case number
SC 2021/13935
Court
Supreme Court of India
Petitioner
PRADEEP MEHRA
Respondent
HARIJIVAN J. JETHWA (SINCE DECEASED THROUGH LRS)
Author
HON'BLE MR. JUSTICE SUDHANSHU DHULIA
Bench
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court addressed the issue of delays and abuses in execution proceedings under Order XXI of the CPC, highlighting the longstanding difficulties faced by decree holders in realizing decrees. The case involved a landlord-tenant dispute where the landlord sought eviction based on a consent decree, but execution was delayed due to procedural issues and alleged abuse of process. The court emphasized the need for effective enforcement mechanisms to prevent misuse and ensure timely justice. The judgment underscores the importance of procedural reforms to uphold the rights of decree holders and prevent delays in execution proceedings.

PRADEEP MEHRA vs HARIJIVAN J. JETHWA (SINCE DECEASED THROUGH LRS) · Niyam