CM APPL. 19148/2024 (For Exemption)

1. Exemption allowed, subject to just exceptions.

2. Application is disposed of.

3. The present petition has been filed alleging willful disobedience of the order dated 6 CONT.CAS(C) 526/2024 th March, 2023 passed in CM(M) No. 339/2023. By order dated 6th “xxx xxx xxx March, 2023, it has been directed as follows;

2. It is made clear that the learned Executing Court shall proceed in all earnest to execute decree keeping in view the directions contained in judgment of Hon’ble Supreme Court passed in ‘Rahul S. Shah vs. Jinendra Kumar Gandhi’ reported in (2021) 6 SCC 418, directing the Executing Courts to execute all decrees within six months.

3. The petition is dismissed as withdrawn with the above observation. xxx xxx xxx”

4. It is submitted that despite the aforesaid directions, the execution petition bearing no. 1222/2018 has been pending due to the delaying tactics used by the respondents by filing various objections, applications and repeated appeals.

5. Issue notice to the respondent by all modes.

6. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period two weeks thereafter.

Re-not