Painfully Slow Working Of Judicial System Creating Frustration Amongst People Seeking Justice: Observes P&H HC
The Punjab and Haryana High Court has observed that the working of our judicial system, which is painfully slow and sluggish creates frustration amongst the people seeking justice.
The bench of Justice H.S. Madaan made this observation while dealing with a case where the plaintiffs had approached the Civil Court in 2012 complaining that their neighboring owners, the defendants, had encroached upon a part of the land belonging to them.
They had successfully proved their case in Court and a decree was passed in their favour in 2014.
Although an appeal was preferred against that judgment and decree but it was dismissed.
The Court observed that an execution petition was filed about two years earlier but till date, the possession of the encroached portion could not be got delivered to the decree-holders.
"An execution petition was filed about two years earlier but till date, the possession of the encroached portion could not be got delivered to the decree-holders, which speaks volumes for working of our judicial system, which is painfully slow and sluggish creating frustration amongst the people seeking justice.", the Court noted.
The Court noted that the defendants having lost the litigation in the Trial Court and in First Appellate Court with no stay order being there in their favour successfully stretched the proceedings getting one adjournment after the other on one pretext or the other.
The Court observed that "…the Executing Court seems to be granting liberal adjournment without being sensitive to the plight of the decree-holders, who are waiting justice for long more than 10 years."
The Court held that 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.
"It is hoped and expected that the Executing Court would realize its responsibility and get the decree executed at the earliest.", the Court observed.
Cause Title- Rattan Singh @ Rattan Lal v. Bhirawan Bai and others