Allahabad High Court
Sri Kasi Nattukottai Nagara Satram ... vs Dr Ashok Kumar Sharma And Another on 4 January, 2024
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:1602 Court No. - 50 Case :- MATTERS UNDER ARTICLE 227 No. - 13272 of 2023 Petitioner :- Sri Kasi Nattukottai Nagara Satram Managing Society Respondent :- Dr Ashok Kumar Sharma And Another Counsel for Petitioner :- Dr. Amar Nath Singh,Mohammad Waseem Hon'ble Ashutosh Srivastava,J.
1. Heard Dr. Amar Nath Singh, learned counsel for the petitioner.
2. Considering the nature of the order that is proposed to be passed notice upon the private respondents is hereby dispensed with.
3. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Judge Small Causes Court, Varanasi, to decide the Execution Case No. 05 of 2019 (Sri Kasi Nattukottai Nagara Satram Managing Society vs. Dr. Ashok Kumar Sharma and another), within the stipulated period fixed by this Court.
4. Learned counsel for the petitioner submits that the Execution Case is pending consideration since 2019 and the purpose of filing present petition shall stands served if the appropriate directions are issued to Court below to conclude and decide the Execution Case, within the time frame fixed by this Court.
5. Having heard learned Counsel for the petitioner and having perused the record, this Court is of the opinion that the proceedings of execution case is liable to be expedited in view of the judgment of the Apex Court in the case of Rahul S. Shah Vs. Jitendra Kumar Gandhi and others, (2021) 6 SCC 418, wherein the Apex Court has clearly laid down that execution proceedings should be brought to its logical end within 6 months from the date filing which may be extended only by recording reasons in writing for such delay.
6. In such view of the matter, this petition is disposed off requiring Judge Small Causes Court, Varanasi, seized with Execution Case No. 05 of 2019 (Sri Kasi Nattukottai Nagara Satram Managing Society vs. Dr. Ashok Kumar Sharma and another), to conclude and decide the case expeditiously preferably within a period of six months, from the date of production of certified copy of order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties.
Order Date :- 4.1.2024 Deepak/