Mohd. Rehan And Another vs The Executive Officer And 2 Others
2021 Latest Caselaw 9432 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3563 of 2021
 
Petitioner :- Mohd. Rehan And Another
 
Respondent :- The Executive Officer And 2 Others
 
Counsel for Petitioner :- Ashutosh Srivastava
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Ashutosh Srivastava, learned counsel for the petitioners and perused the record.

By means of this petition under Article 227 of the Constitution, the ptitioners have prayed for following relief:-

"(1). Issue an appropriate order or direction to the 4th Additional Civil Judge (Jr. Division), Etawah seized with the application dated 17/3/2021 (Paper No.3C) under Order 21 Rule 32 r/w Section 151 C.P.C. registered as Execution Case No.04 of 2021 (Shakeel Ahmad vs. Executive Officer, Nagar Palika Parishad, Etawah & others) to pass appropriate and suitable orders thereon within such time as stipulated by this Hon'ble Court to meet the ends of justice."

Learned counsel for the petitioners submits that earlier execution case was also filed which came to be finally resolved with the intervention of the police and now again the opposite parties are trying to interfere with the possession of the petitioner and standing constructions thereupon without taking recourse to the provisions of law contained under the Nagar Palika Act and hence expeditious disposal of application 3C under Order 21 Rule 32 of Code of Civil Procedure, 1908 is required.

Having considered the submissions and keeping in view the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to consider and decide 3C application of the petitioner dated 17th March, 2021 filed under Order 21 Rule 32 read with Section 151 of Code of Civil Procedure, 1908, strictly in accordance with law but after recording satisfaction regarding service of summons upon the judgment debtor/ the opposite party and giving full opportunity of hearing to the contesting parties, as expeditiously as possible. It is however provided that in case if misc. application is filed for grant of interim protection by the petitioner, the same shall also be considered and disposed of within a period of 60 days from the date of filing of the order of this Court after recording satisfaction regarding service of summons and giving full opportunity of hearing to the appearing parties.

Order Date :- 3.8.2021/ Atmesh