Subhash Singh And Others vs Vijay Bahadur Singh And Another
2012 Latest Caselaw 5369 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

A.F.R.
 

 
Court No. - 58
 

 
Case :- Civil Misc. Writ Petition No. - 2122 of 2012
 
(Matter under Article 227 of the Constitution of India)
 

 
Petitioner :- Subhash Singh And Others
 
Respondent :- Vijay Bahadur Singh And Another
 
Petitioner Counsel :- Kamal Kumar Singh
 

 

 
Hon'ble Sibghat Ullah Khan,J.

It is horrible state of affairs that execution case no.37 of 1992 has not been decided for 20 years even though according to the learned counsel for the petitioner second appeal was also dismissed in 1995. The aforesaid execution case shall positively be decided before 31.5.2013. Absolutely no un-necessary adjournment shall be granted to any of the parties. If the court below is inclined to grant any adjournment in any form to any of the parties, then it shall be on very heavy cost, which shall not be less than Rs.500/- per adjournment payable before the next date.

District Judge, Mau shall get the list of all those execution cases which are pending for the last five years and impress upon the learned Judges before whom such cases are pending to decide the same on priority basis and if any adjournment is sought by the judgment debtors in such cases then it shall be on very heavy cost which shall not be less than Rs.500/- per adjournment. This exercise is required to be done by all the District Judges in the State. It is said that the real trouble of the plaintiff starts after obtaining decree. The executing courts shall try to dislodge this presumption.

Writ petition is disposed of.

Office is directed to send a copy of this order to District Judge, Mau immediately.

Order Date :- 30.10.2012

RS