1 2025:CGHC:10472 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 197 of 2025 Munnalal Agrawal S/o- Late Chhaganlal Agrawal Aged About 30 Years (Now 53 Years), R/o- Ward No. 13 Kali Ward Kawardha, District Kabirdham (C.G.). At Present R/o- Mahaveer Swami Chowk, Shashtri Marg, Kawardha, Tahsil- Kawardha, District- Kabirdham (C.G.) Mo. No. 9425237439 ... Petitioner(s) versus 1. Smt. Shobhna Chourasiya D/o Late Dr. Sushil Kumar Chourasiya Aged About 46 Years (Now 70 Years), R/o- E-2, 314, Arera Colony Bhopal, District- Bhopal (M.P.) 2. Smt. Saraswati Yadav @ Satyawati Yadav W/o Narayan Yadav Aged About 39 Years R/o- Ward No. 15 Kawardha, Tahsil- Kawardha, District Kabirdham (C.G.) ... Respondent(s) For Petitioner : Mr. Ratnesh Kumar Agrawal, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 04/03/2025 1) By way of this petition, the petitioner has sought the following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to call for entire records regarding present case from Courts below. 10.2 That this Hon'ble Court may kindly be please to direct to the learned Executing Court i.e. District Judge Kawardha, District Kabirdham (C.G.) to ensure the execution of judgment and decree dated 17.03.2021 and handed over the possession of the question land to the petitioner within 3 months. Digitally signed by AJINKYA PANSARE Date: 2025.03.04 14:03:02 +0530 2 10.3 That, any other relief/order which may deem fit and just, in the facts and circumstances of the case including award of the costs of the petition may be given. 2) Learned counsel for the petitioner/decree holder would submit that a decree of specific performance was passed in favour of the petitioner on 17.03.2021 by the co-ordinate bench and the judgment and decree passed by the said Court has been affirmed by the Hon’ble Supreme Court. He would further submit that an application for execution was moved before the learned Executing Court on 28.06.2021, but there is no substantial progress. He would pray that a direction may be issued to the learned Executing Court to conclude the proceedings at the earliest in light of the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah vs. Jitendra Kumar Gandhi, 2021 (6) SCC 418. 3) Heard. 4) Having considered the limited prayer made by Mr. Agrawal, the instant petition is disposed of with a direction to the learned Executing Court to make all endeavors to conclude the execution proceedings keeping in mind the judgment passed by the Hon’ble Supreme Court in the matter of Rahul S. Shah (supra). 5) With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya