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april 2025

Delhi High Court · 2025-04-07

SHIVANGI GEETE vs SHAILENDRA KUMAR GAUTAM AND ORS

Citation / case number
EX.F.A.-9/2025 2025:DHC:2439
Court
Delhi High Court
Petitioner
SHIVANGI GEETE
Respondent
SHAILENDRA KUMAR GAUTAM AND ORS
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Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 7th April, 2025 EX.F.A. 9/2025 & CM APPL. 19047-19048/2025 SHIVANGI GEETE .....Appellant Through: Mr. K.B. Upadhyay with Mr. Raja Ram Tripahti and Mr. Kalpana, Advocates. versus SHAILENDRA KUMAR GAUTAM AND ORS .....Respondents Through: Mr. Vikas Ahuja, Advocate for respondent No.1 CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The issue involved in the present appeal is a very short one. 2. The appellant herein i.e. Ms. Shivangi Geete filed an objection in the execution proceedings i.e. Ex.142/2024 and since on 04.03.2025, she was not present and the original documents were not produced before the learned Executing Court, it, while observing that there was no justification for her absence and non-production of the original documents, dismissed the objection application. 3. The dismissal is not on merits. For all purposes, it is dismissal on account of non-prosecution. 4. Undoubtedly, as per decision given by the Hon’ble Supreme Court in Rahul S. Shah VS Jinendra Kumar Gandhi & Ors.: 2021 SCC OnLine SC 341 and Periyammal (dead through LRs) & Ors. vs. V. Rajamani & Anr.: 2025 5. Importantly, the counsel for th