SHIVANGI GEETE vs SHAILENDRA KUMAR GAUTAM AND ORS

Judgment text excerpt

$~95 * 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 Signature Not Verified Digitally Signed EX.F.A. 9/2025 1 By:SONIA THAPLIYAL Signing Date:08.04.2025 16:14:45 SCC OnLine SC 507, the execution proceedings have to be concluded as expeditiously as possible and within a period of six months, but that would not mean that the Objection Petition has to be disposed of summarily with such a haste. 5. Importantly, the counsel for the Objector was present before the learned Executing Court and despite the above, the Objection Petition has been disposed of merely for the reason that neither she herself had appeared nor the original documents had been produced. Learned Executio