M/S Priyadarshi Print O Pack ... vs Civil Judge (S.D.)Faizabad & Anr.
2021 Latest Caselaw 1902 ALL

Citation : 2021 Latest Caselaw 1902 ALL
Judgement Date : 2 February, 2021

Allahabad High Court

M/S Priyadarshi Print O Pack ... vs Civil Judge (S.D.)Faizabad & Anr. on 2 February, 2021

Bench: Jaspreet Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MISC. SINGLE No. - 2848 of 2021
 

 
Petitioner :- M/S Priyadarshi Print O Pack Thru.Abhishek Dwivedi
 
Respondent :- Civil Judge (S.D.)Faizabad & Anr.
 
Counsel for Petitioner :- Satyam Maurya,Haridhwar Singh Kushwaha
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner.

In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with.

The petitioner has approached this Court with limited prayer that the execution case No.73/2017 pending before the Civil Judge (Senior Division), Faizabad may be expedited.

It is submitted that initially a decree was passed against the private-respondent No.2 by the competent Court at Dehradun. By means of the order dated 31.10.2017, the decree was transferred to Faizabad for execution in accordance with the provisions as contained in Order 21 CPC, the same was registered before the District Judge, Faizabad on 10.11.2017 and subsequently the matter was remitted to the Civil Judge (Senior Division), Faizabad on 10.11.2017. Thereafter, the recovery citation was issued on 27.10.2018 and an application for recall has been moved by the judgment-debtor, yet for the reasons beyond control, the matter has not yet been finally decided.

Considering the facts and circumstances and from the perusal of the extract of the order-sheet which has been brought as Annexure No.3, this Court is of the opinion that ends of justice can be served by directing the Civil Judge (Senior Division), Faziabad to take up the execution case on top priority basis and without granting any unnecessary adjournment to either of the parties and make an endeavour to finally decide the same preferably within a period of six months from the date an authenticated copy of this order is placed before the Court concerned.

With the aforesaid, the writ petition is disposed of.

Order Date :- 2.2.2021

Rakesh/-