SUBHAN KHAN Vs. MOHD FAIZAL

JUDGEMENT

(1.) These proceedings, under Article 227 of the Constitution of India, again bring to mind the anguished words of the Supreme Court in Rahul S. Shah v. Jinendra Kumar Gandhi, (2021) 6 SCC 418, in which the Supreme Court lamented at the fact that the travails of a litigant, in the present legal system, commence after a decree is obtained by the litigant in his favour.

(2.) Execution of a decree, once obtained, has become a herculean task in today's day and age. Every possible method is used to prevent execution, and objectors, who impede the execution of the decree try every trick in the book to ensure that the decree remains unexecuted for as long as possible.

(3.) This malaise, we see on a daily basis, is aggravated where persons are in occupation of property of others and orders of eviction or dispossession are passed. This Court had, in Sohan Lal v. Sohan Lal Passi, , an occasion to deal with a case in which a suit instituted in 1968, by a person whose lands were encroached by others, for removal of the encroachers, obtained a decree in his favour in 1972 and, for five decades thereafter, till 2022, the petitioner was unable to secure the fruits of the decree. Needless to say, he perished in the interregnum.