JUDGMENT

Harilal, J.

The petitioner is the Decree Holder who is suffering from delay in getting actual vacant possession of the plaint schedule shop room in the execution proceedings. The proceeding shows that the respondent/Judgment Debtor was set ex parte through out the execution proceedings and the Execution Court has ordered delivery on 17/3/2016. Now, the articles found in the petition schedule shop room and ascertained by the Advocate Commissioner by Ext.P4 Commission Report and Mahazar are being kept in the petition schedule shop room itself under the custody of the petitioner on Ext.P1 'Kaichit' executed by the petitioner. The present grievance of the petitioner is that the vacant possession of the petition schedule shop room could not be obtained, without removing the articles from the petition schedule shop room and steps are being taken to serve notice to the respondent again and again. The delay in getting the actual vacant possession has caused hardship and heavy loss to the petitioner.

2. Heard the learned counsel for the petitioner.

3. We have gone through the entire proceedings, disclosed by Ext.P2, and we find that this is not a matter in execution of the decree for