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K. M. JOSEPH, HRISHIKESH ROY
Bhoj Raj Garg – Appellant
Versus
Goyal Education And Welfare Society – Respondent
Key Points: - The petitioner complained that the Execution Court is not abiding by the directions issued by the Supreme Court in Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors., (2021) 6 SCC 418 (!) [1000782570001]. - The directions from the previous decision mandate that the Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay (!) [1000782570001]. - The Execution Court is duty bound to dispose of the execution proceedings at the earliest and to record reasons in writing when unable to dispose of the matter within six months [1000782570005]. - The Supreme Court reiterated its previous directions and emphasized their mandatory nature [1000782570002]. - The Special Leave Petition and any pending interlocutory application(s) were disposed of, subject to the observations made [1000782570003][1000782570004].
ORDER
1. The complaint of the petitioner is that the Execution Court is not abiding by the directions issued by this Court in the decision in Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors., reported in (2021) 6 SCC 418. In the said decision, this Court held as follows:-
'42. All Courts dealing with suits and execution proceedings shall mandatorily follow the below mentioned directions :-
2. The Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay.'
2. This means that it becomes the duty of the Execution Court to dispose of the execution proceedings at the earliest and since this Court has directed that the Execution Court must dispose of the execution proceedings within six months from the date of filing, which can be extended only by recording reasons in writing for such delay, this direction is meant to be observed. This would mean that every effort should be made to dispose of the execution petition within the said time limit and the Execution Court should have reasons for not being able to dispose of the execution petition. The Execution Court is duty bound to r
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