The High Court of Jammu & Kashmir and Ladakh, under the jurisdiction of the Honorable Justice Atul Sreedharan, has pronounced that the Respondent, who secured a favourable order in 2003, endured a prolonged delay of twenty years due to the Petitioners' continual pursuit of baseless and frivolous lawsuits. Consequently, the court has imposed a cost of Rs. 2 lakhs.The Director of Health Services filed a petition against an order issued by the Court of Execution on May 14, 2018, claiming that the order is invalid in law and fact. The Petitioners were Defendants in a legal suit in which the Respondent-Plaintiff won. They did not file an appeal, revision, or writ petition, so they were dismissed. They also failed to file a second appeal against the First Appellate Court's judgement and decree.The Petitioners filed a suit in 2018 alleging that the Executing Court refused to recognise their compliance with the decree directives from 2003.
Contentions of the Respondent:
The Senior Counsel for the respondent contends that the Petitioners should have filed the Petition before the Executing Court, which has been pending for five years and has been listed 15 times.The Court agrees with the Senior Counsel's contention that the Petitioners were harmed by the Executing Court's decision, but had an opportunity to demonstrate that the decree had previously been followed. The Petitioners have been delaying proceedings for five years, culminating in a total of twenty years of litigation. The Union Territory may seek reimbursement from the Director of Health Services in Kashmir.
The Decision of the Court:
Respondent, who received an order in his favour in 2003, has been held up for twenty (20) years by the Petitioners' persistent frivolous lawsuits. Therefore, the plea is dismissed, and the Petitioners are fined Rs. 2,00,000/-.
TAGS: Court decisionSenior CounselPetitionersExecuting CourtHarmDecree
