The Tripura High Court’s single judge bench declined to excuse a delay of approximately 2 years and 5 months in reactivating an execution case. The court emphasized that if such cases remain unresolved beyond six months, the Executing Court must provide reasons for the delay in enforcing the decree.
Case Overview:
The Petitioner/Plaintiff in this instance secured a decree mandating the Defendant/Respondent to execute a registered sale deed within 45 days. Failure to comply would trigger court enforcement and the return of the remaining amount with interest. Although the execution suit concluded, the Petitioner filed a review petition after a delay of 1502 days, seeking condonation under relevant legal provisions. The court rejected this application, leading to the current petition under Article 227 of the Constitution of India.
Court’s Observations:
The Court noted the decree-holder’s lack of action regarding the specified cash amount in the decree. Additionally, the decree holder’s counsel expressed satisfaction with the sale deed execution, indicating disinterest in further decree enforcement. The Court emphasized the Executing Court’s obligation to elucidate delays in decree execution exceeding six months, citing the precedent of Rahul S. Shah v. Jinendra Kumar Gandhi and Others.
Court’s Decision:
Taking these factors into account, the Court concluded that reviving the execution case after such a lengthy delay, particularly at the request of parties seemingly uninterested in full decree enforcement, would condone their lapses. Consequently, the Court dismissed the revision petition in accordance with these considerations.
