SAW/906/2026 of MAHESH CHAND SON OF SHRI KANHAIYA LAL Vs LAND HOLDER on 20 August 2026

Order

20/08/2026 The present appeal has been preferred by the appellant assailing the order dated 07.07.2026 passed by the learned Single Judge, whereby the learned Single Judge directed the concerned Trial Court/Executing Court to decide the execution petition pending before it within a period of one year from the date of receipt of the certified copy of the order dated 07.07.2026. Learned counsel for the appellant has assailed the aforesaid order primarily on the ground that the Hon’ble Supreme Court in the matter of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Ors., reported in 2021 SCC OnLine SC 341, has issued a direction that the Executing Court must dispose of the execution proceedings within a period of six months from the date of filing, which may be extended only by recording reasons in writing for such delay. He further submits that a direction be issued to the concerned Executing Court to decide the execution petition within a period of six months. We have heard learned counsel for the appellant and perused the material available on record. This appeal filed by the appellant deserves to be dismissed; for the reasons, firstly, despite the order dated 07.07.2026 having been passed by the learned Single Judge, the appellant has failed to place the said order before the concerned Executing Court even

(3 of 3) [SAW-906/2026] after a lapse of about one and a half months, secondly, there are as many as sixteen respondents in the matter and service of notices upon all the respondents may consume a considerable period of time, which may extend beyond six months, therefore, no case is made out for interfering with the order dated 07.07.2026 passed by the learned Single Judge. In that view of the matter, the present appeal stands accordingly dismissed. All pending application(s), if any, also stand disposed of. (SANDEEP TANEJA),J (INDERJEET SINGH),J 41/Upendra Pratap Singh