JUDGMENT Sureshwar Thakur, J. - The judgment-debtor, becoming aggrieved, from, the dismissal, of, her objections, as, become constituted, under, the provisions, of, Order 21 Rules 32 and 35 CPC, hence, before the learned Executing Court, rather by the latter, through, an order made, on 23.8.2017, has, through casting a revision petition, thereagainst, hence herebefore, has, strived to make, an, onslought thereon. The apt binding, and, conclusive decree, became put for coercive execution, against, the JDs'', and, it appertains, to, a, decree, of, possession becoming pronounced, vis-a-vis, the decree holders, and, qua the suit property, and, besides against the JDs. 2. The JD becoming aggrieved, from, the dismissal of her objections, by, the learned Executing Court concerned, through, an order made, on 23.8.2017, preferred a revision petition, petition whereof is misconstituted, in as much as, its becoming constituted, after a period of one year two months, and, seven days, rather elapsing, since, the impugned order becoming rendered, by, the learned Executing Court, (i) thereupon through CMP(M) No. 1602 of 2018, the aggrieved JD has strived, to, seek condonation of delay, in the preferment, of, the extant civil revision, hence directed against, the, afore order. 3. This Court, under, an order recorded, on 15.3.2019, hence on the contentious pleadings, of, the parties, had, struck the hereinafter extracted issues:- i) Whether the delay in filing the present petition is sufficiently explicated, as alleged? OPA ii) Relief. (i) for evidence becoming adduced thereon, by the applicant. In proof of the averments, constituted in the petition, the applicant stepped into the witness box, and, made echoings therein, vis-a-vis, her counsel failing, to, within time, hence intimate her, vis-a-vis, the dismissal of her objections, by, the learned Executing Court, and, thereafter, she makes echoing(s), vis-a-vis, hers'' becoming awakened, vis-a-vis,the, rendition of the impugned orders, hence, by the learned Executing Court concerned, only, upon the Halka Patwari, striving to make compliance(s), vis-a-vis, the apt orders, as, became pronounced rather, by, the learned Executing Court. Obviously, the applicant, has, strived to make an endeavor, to, ascribe negligence, to, her counsel, inasmuch as, his not making, a, timely intimation to her, to institute a motion before this Court, against, the impugned orders, wherethrough, her objections become dismissed, by, the learned Executing Court, and, also hence she strived, to, demonstrate, vis-a-vis, the apt delay, being construable, to be, neither intentional, nor, deliberate.
However, the vigor, of, any, of, the afore submission rather becomes unsettled, as, she during her cross-examination, acquiesces, vis-a-vis, her knowing, the, cell number of her counsel, and, her counsel also knowing her cell number, and, besides thereto, with hers deposing, qua the counsel making, an, intimation to her, on her cell phone, vis-a-vis, the progress made, upon, the apposite execution petition, (i) thereupon, it cannot be believed, vis-a-vis, her validly engaged counsel, failing to intimate her, within time, vis-a-vis, the dismissal of her objections, by, the learned Executing Court concerned, through an order, made, by the afore, (ii) unless evidence become adduced, and, as comprised, in the call details appertaining, to, the, apposite cell numbers, hence making candid bespeakings, vis-a-vis, hers, at, the relevant time, not establishing any contact, for, the relevant purpose, rather with her counsel. Since the afore evidence remained unadduced, thereupon this Court becomes constrained, to, conclude that the counsel, engaged by the applicant, made an intimation to her, hence within time, vis-a-vis, the fate of the execution petition, thereupon the delay, in, instituting, the, extant revision petition, against, the impugned order, made, by the learned Executing Court, hence becomes stained with, vices, of willful, negligence, and, deliberateness, and, does not warrant, it becoming condoned. 4. In view of the above observations, there is no merit in the extant application, and, the same is dismissed. All pending applications, if any, also stand disposed of. Records be sent back forthwith.