RANCHI, India, Oct. 22 -- Jharkhand High Court issued the following order on Sept. 22:
I.A. No. 9100 of 2025
1. Heard.
2. It is not in dispute that during pendency of the present C.M.P., the proceeding that was pending in the court of learned Senior Civil Judge-I, Dumka has now been transferred to the Court of learned Additional District and Judge-III-cum-Commercial Court, Dumka on 17.05.2025.
3. Accordingly, this Interlocutory Application seeking to bring on record the said fact is allowed. C.M.P. No. 413 of 2025
4. Heard.
5. A very innocuous prayer has been made in the instant petition for the expeditious disposal of the execution petition as would be evident from Para-1.A of the relief which reads as under:
"A. For the issuance of an appropriate writ(s)/ order(s)/direction(s) commanding court of Sri Rajesh Sinha, Additional District & Session Judge -III- Cum-Commercial Court, Dumka to dispose of the Execution Case Number 2 of 2023, pending since 08.02.23 in light of the judgement passed by the Honourable Supreme Court in the case of Rahul S Shah versus Jitendra Kumar Gandhi and others reported in (2021) 6 SCC 418 para 42 which mandates that an execution case is mandatory to be decided within a period of time specifically within six months."
6. There can be no objection to the expeditious disposal of the execution in view of the three Bench decision of the Hon'ble Supreme Court in Rahul S. Shah vs. Jitendra Kumar Gandhi and others, (2021) 6 SCC 418 and a recent judgment of the Hon'ble Supreme Court in Civil Appeal Nos. 3640-3642 of 2025 case titled Periyammal (Dead) through L.R.S. & others Vs. V. Rajamani & Anr. Etc. decided on 6th March, 2025.
7. In the judgment of Periyammal (supra), Para 73 onwards judgment of Rahul S. Shah (supra) was followed and thereafter all the High Courts across the country have been directed to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions and once the data is collected by each of the High Courts, the High Courts have thereafter been directed to issue an administrative order or circular directing their respective district judiciary to ensure that the execution petitions pending in various Courts shall be decided and disposed of within six months without fail, otherwise the concerned Presiding Officer would be answerable to the High Court on its administrative side.
8. Accordingly, the present C.M.P. is disposed of with a direction to the learned Additional District and Judge-III-cum-Commercial Court, Dumka to dispose of the Execution Case No. 2 of 2023 as expeditiously as possible keeping in view the mandate of the Hon'ble Supreme Court referred to hereinabove, subject to there being no impediment in doing so.
9. Pending Interlocutory Application, if any, stands disposed of.
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