R. Basant, J.@mdashThis must be read in continuation of the order dated 9.9.2010.
2. The petitioner who has already received an amount of Rs. 20,00,000/- in pursuance of a consent order, now wants to avoid the inconvenient part of the consent order namely, the obligation to surrender possession of an item of property. She lamented before us at the stage of admission that if the immediate execution of the direction to vacation were resorted to she will be thrown to the streets. We suggested that the parties come to an agreement on the question of grant of further time for the petitioner to surrender the building. Counsel wanted to take time. The respondent/decree holder very reasonably accepted the suggestion that interest at the rates specified in the consent order be directed to be paid to the decree holder for the delay in surrender of the property. The petitioner is keeping the amount of Rs. 20,00,000/- with her and is refusing to comply with the inconvenient part of consent order.
3. The learned Counsel for the petitioner prayed for time to take instructions. The learned Counsel today submits that the petitioner is un-willing to accept the said suggestion made by the respondent.
4. As already recorded, bonafides is not virtue that we can discover and invent in the hands of the petitioner. The petitioner by filing this petition has also got execution proceedings delayed by a period of 10 days - though this Court had alertly insisted on payment of cost of Rs. 1,500/- at the time when this petition was admitted.
5. This Writ Petition is in these circumstances, dismissed with a direction to the execution court to ensure that the execution is carried immediately; at any rate within a period of 2 weeks. Compliance shall be reported to this Court. Hand over a copy of this judgment to the learned Counsel for the petitioner for production before the Family Court.
ORDER
6. We have heard the learned Counsel for the petitioner.
7. Bona fides is not a virtue that we can discover or invent in the hands of the petitioner. But we take note of the submission of the learned Counsel for the petitioner that the petitioner who is a woman will be thrown to streets, if the decree is executed and the prayer of the counsel that the petitioner may be given some time to complete her house construction, so that she can shift to such house after completion of construction. Therefore, some further time is pressed fervently by the learned Counsel for the petitioner. For that purpose, we intend to hear the learned Counsel for the respondent. The petitioner shall abide by appropriate terms for the luxury of further opportunity, argues the counsel for the petitioner. We direct the petitioner to pay an amount of Rs. 1,500/- (Rupees one thousand five hundred only) to the respondent forthwith through the court below. If that amount is deposited/paid and if delivery has not already been taken, all further steps for delivery shall stand adjourned for a period of 7 days. Issue notice to the respondents by Special messenger. Simultaneously the petitioner is permitted to give notice to the learned Counsel for the respondent who is appearing in the execution petition. Call on 16.9.2010.
