Gaurav Gandhi vs Judge Small Causes Court And ...
2012 Latest Caselaw 5874 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2564 of 2012
 

 
Petitioner :- Gaurav Gandhi
 
Respondent :- Judge Small Causes Court And Others
 
Petitioner Counsel :- Tarun Agrawal
 

 
Hon'ble Pankaj Mithal,J.

Heard learned counsel for the petitioner.

Petitioner has preferred this petition for a direction upon the respondent No.1 i.e. Judge Small Causes Court, Aligarh to decide the execution case no. 1 of 2005 (Sri Harish Chand Gandhi and others Vs Rakesh Gupta and another) within a stipulated period of time.

This Court in Suresh Pal Vs. Civil Judge, Hapur 2011 (8) ADJ 874 has held that the delay in executing the decree amounts to denying the decree holder the benefit of it which is antithesis to the concept of justice.

Accordingly, the petition is disposed of with the direction to the court concerned to take appropriate steps for disposal of the above execution case as per the mandate of this Court in the aforesaid decision and to complete the execution proceedings expeditiously preferably within six months from the date of production of the certified copy of this order provided there is no legal impediment in doing so.

Petition is disposed of.

Order Date :- 5.12.2012

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