IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO. 750 OF 2009 (M/S) M/s Raj Kumar Chaddha and associates having its office at Chaddha Bhawan, 31 Birla Road, Haridwar, District Haridwar through its partner Sri Raj Kumar Chaddha and nineteen others. …….Petitioners. Versus Sri Sanyasi Sangh (Regd.), Sri Guru Bholanand Ashram, Bhola Giri Road, Moni Rampur, Bairakpur, District Chaubis Pargana (West Bengal) through its President and four others. …….Respondents . Date:- May 21, 2009 Hon’ble B.S. Verma, J. Heard Sri Munish Bhardwaj, learned counsel for the petitioners. By means of this writ petition the petitioners have sought a writ, order or direction in the nature of mandamus commanding the Executing Court to decide and dispose of the Execution Case No. 12 of 2001 as expeditiously as possible on day to day basis. The facts of the present writ petition in nutshell are that the petitioners filed an original suit bearing no. 75 of 1992, M/S Raj Kumar Chaddha and Associates and others Vs. Sri Sanyasi Sangh, before the Civil Judge, Senior Division, Haridwar for recovery of money, which was decreed on 17.2.2001 for recovery of Rs. 12,54,000/- with cost along with interest @ 6 % per annum during the pendency of suit and @ 12% per annum from the date of decree till realization of amount. Thereafter, the petitioners preferred Execution Case No. 12 of 2001 before the Executing Court (Civil Judge, S.D., Haridwar) on 31.5.2001. The respondent preferred first appeal bearing no. 43 of 2001 before this Court against the said decree. On 22.6. 2006, this Court directed the respondent to deposit the entire amount in form of security but was not complied with. On 27.9.2002 the Executing Court stayed the further proceedings of the execution case till the disposal of First Appeal No. 43 of 2001 pending before this Court. But this Court on 3.4.2007 directed the Executing Court to proceed with the execution in accordance with the orders passed in appeal. The petitioner further filed as writ petition bearing no. 375 of 2007 (M/S) in which on 7.5.2007 this Court directed the Executing Court to decide the case preferably within a period of six months. Now, even a long time has elapsed but the proceedings in the Execution Case No. 12 of 2001 has not come to an end. Therefore, the prayer is innocuous. The Civil Judge (Senior Division), Haridwar is directed to expedite the pending proceedings in the Execution Case No. 12 of 2001, if there is no stay order from the appellate court, preferably within a period of six months from the date of the production of certified copy of this order. With the said direction, the writ petition is disposed of finally. (B.S. Verma, J.) 21.5.2009 RMY