Order No. 33 date: 02-05-2016

DHr files a petition praying for time for filing show cause.  Although such petition is filed, neither the DHr nor his Ld. Lawyer turns up to move the said petition.   

Today is fixed for filing show cause.  No show cause is also filed. 

Perused the case record, including Order No. 15 dated 13-07-2015.

It appears, the instant execution case has been lamentably hanging in fire since 20-01-2015 for want of requisites.  Although the DHr filed requisites subsequently, neither the Postal Department nor the police could locate the JDrs at the given addresses.  In fact, the police report dated 16-11-2015, submitted in connection with the WA issued by this Forum, states that the warrantee could not be traced out at the given address and the said office is under lock & key since long.

Afterwards, notwithstanding the DHr availed of numerous opportunities to furnish fresh requisites in respect of the JDr, he has miserably failed and/or neglected to file whereabouts of the JDrs. 

Considering the long pendency of the present execution case, as also the fact that the DHr has not filed any reply to the show cause issued by this Forum on the earlier occasion, it seems to us that the DHr is not diligent enough to pursue the present execution case and as such, we find no cogent reason whatsoever to accord further time to the DHr. The prayer for time is accordingly rejected.

Hence,

ORDERED

that the Execution Case No. 1/2015 be and the same is dismissed for non-prosecution.