Bela M. Trivedi, J. - (1.) THE present writ petition arises out of the order dt. 19.07.2013 passed by the Civil Judge, (JD) & Metropolitan Magistrate, East, Jaipur Metropolitan (hereinafter referred to as 'the executing Court') in Execution Case No. 18/11, whereby the executing Court has allowed the application of the respondent No. 2 -decree -holder for the attachment of the property of the petitioner Shri Nand Kishore Mittal, who happens to be the President of Shri Mahaveer Nagar Grah Nirman Sahakari Samiti Ltd. During the course of arguments it was sought to be submitted by the learned counsel Mr. O.P. Mishra for the petitioner that the award dt. 03.02.2011 made by the Arbitrator in arbitration proceedings, which has become a decree is not executable and, therefore, the petitioner could not be held responsible for non -compliance of the said award.
(2.) HOWEVER , the learned counsel Mr. Mitesh Sharma for the respondent No. 2 has submitted that the petitioner neither challenged the said award/decree nor has filed any reply in the execution proceedings. He also submitted that the impugned order has already been implemented by attaching the property of the petitioner by the Bailiff on 17.09.2013, the certified copy of which is produced in the present proceedings. In view of the submissions made by the learned counsels for the parties it appears that according to the petitioner the award has become inexecutable in view of the subsequent events, however the petitioner has not brought anything on record as to how the award has become inexecutable. Hence, it is directed that the petitioner shall submit the reply in the execution proceedings within four weeks as also produce the necessary documents to show as to how the decree in question has become inexecutable. In the meantime the attachment made by the executing Court pursuant to the impugned order shall continue, however the executing Court shall not proceed further with the sale of the said property. The executing Court is directed to decide the execution proceedings being No. 18/11 on merits after considering the reply that may be filed by the petitioner, at the earliest. The present petition stands disposed of accordingly.;