Ajay Malik v. Jamil And ANR.
!
"
# $$
$
%
$ #!
&
#!
& '
( )
!!" # $
%& ' #
& ' & ( '
)
( !
* +
, - !- .
/
( #*
0& + 1 *
₹22,78,396/- was awarded as compensation alongwith interest @ 7.5% per annum (Annexure P-2). An execution petition (Annexure P-3) was filed in October 2019 which is pending till today.
3.
Learned counsel for the petitioner has submitted that the respondents-JDs are deliberately delaying the matter and are not filing reply to the application filed by the petitioner for providing details of their properties. It has been submitted that the Executing Court be directed to dispose of the
execution petition within a specified time frame. 4.
I have considered the submissions made by learned counsel for the petitioner.
5.
No doubt, the award was passed as far back as on 23.07.2019 and the execution petition is pending since October 2019. However, at the same time, it is also to be borne in mind that Courts are heavily burdened with a large number of cases and execution petitions pending for adjudication. A perusal of the interlocutory orders produced by learned counsel for the petitioner, however, show that respondents-JDs are making attempts to delay the matter. This Court does not intend to fix any particular time frame for disposing of the execution petition as the Executing Court is already bound by the dictum laid down by the Hon'ble Apex Court in the case of 'Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others', 2021 AIR (Supreme Court) 2161 which lays down a period of six months for disposal of execution petitions.
Without going into further details, the present execution petition is disposed of with a direction to the Executing Court to decide the same expeditiously keeping in mind the directions issued by the Hon'ble Apex Court in the case of 'Rahul S. Shah Vs. Jinendra Kumar Gandhi and Others', 2021 AIR (Supreme Court) 2161.
(#!
& )
Prince Chawla 2 '3 435 2 ( 435