Nurullah Khan vs Vijay Kumar Pandey
2012 Latest Caselaw 1053 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 730 of 2012
 

 
Petitioner :- Nurullah Khan
 
Respondent :- Vijay Kumar Pandey
 
Petitioner Counsel :- Pradeep Kumar Vi
 

 
Hon'ble Prakash Krishna,J.

The present writ petition has been filed seeking a writ in the nature of mandamus directing the court below to decide Execution Case No. 11 of 2011 within stipulated period and also direct the court below to release Rs.1.50 lacs in favour of the petitioner.

It appears that Suit No. 246 of 2010 was filed for recovery of certain amount which has been decreed by the trial court dated 22nd October, 2011. Against the aforesaid decree, the defendant has preferred civil appeal wherein conditional stay order dated 28.02.2012 has been passed.

Contention is that the said conditional stay order has not been complied with by the defendant who is appellant in the appeal. He further submits that executing court is not proceeding with the execution of the decree on account of stay order dated 28.2.2012.

The writ petition is disposed of by providing that if the conditions of the order dated 28.02.2012 have not been complied with, the executing court may proceed with the execution of decree. The petitioner may approach the appellate court to show that the conditions of the order dated 28.02.2012 have not been complied with. The appellate court shall take a decision in this regard.

(Prakash Krishna,J)

Order Date :- 30.4.2012

MK/