Jitendra Kumar And Another vs Sri Sanjay Mangu
2019 Latest Caselaw 2523 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2303 of 2019
 

 
Petitioner :- Jitendra Kumar And Another
 
Respondent :- Sri Sanjay Mangu
 
Counsel for Petitioner :- Narendra Pratap Singh,Vivek Kumar Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

The sole prayer made in the instant petition is for issuing a direction to the executing court to decide Execution Case No.5 of 2017 arising out of SCC Case No.30 of 2016 within a specified time frame.

It seems that the suit was decreed exparte and thereafter the defendant filed an application under Order 9 Rule 13 CPC but which was also dismissed on 14.8.2018. It is specifically asserted in paragraph 11 that the said order has become final as it was not challenged before any higher court. It is also stated that the proceedings of execution case has not been stayed by any court of law.

Having regard to the aforesaid stand, the instant petition is disposed of by directing the executing court to make serious endeavour to decide execution case expeditiously, provided there is no legal impediment.

(Manoj Kumar Gupta, J.)

Order Date :- 4.4.2019

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