Devi Prasad Pandey vs Ram Asrey
2021 Latest Caselaw 10242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3861 of 2021
 

 
Petitioner :- Devi Prasad Pandey
 
Respondent :- Ram Asrey
 
Counsel for Petitioner :- D.K.Ojha
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the parties.

By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:

"(a). Issue order or direction in the nature of mandamus commanding and directing to the Civil Judge (Junior Division) Allahabad to decide the Execution Case no. 01 of 2015 (Devi Prasad Vs. Ram Aasrey) filed in compliance of judgment and decree dated 10.01.2011 and 19.01.2011 respectively passed by Hon'ble Civil Judge (Junior Division) Purvi Allahabad in Original Suit No. 135 of 1993 (Devi Prasad Pandey Vs. Seetaram) within stipulated time expeditiously as soon as possible, or by the Hon'ble Court in a set time."

It is submitted that no restoration application has been filed in respect of ex parte decree nor the same has been appealed against. Further, there is no objection filed under Section 47 C.P.C. in the pending execution proceeding.

Since the execution proceeding is pending since 2018, this petition is disposed of with a direction to the court concerned to decide the same within a period of six months. It is further provided that in the event any miscellaneous application under Section 47 C.P.C. is filed or pending, the same shall be decided first before proceeding in the ex parte decree.

Order Date :- 12.8.2021

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