Ashok Rai vs Virendra Kumar Mishra And Another
2021 Latest Caselaw 7798 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2387 of 2021
 

 
Petitioner :- Ashok Rai
 
Respondent :- Virendra Kumar Mishra And Another
 
Counsel for Petitioner :- Shashank Shekhar,Sheo Ram Singh
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri Sheo Ram Singh, learned counsel for the petitioner.

This writ petition has been filed with the following prayers:-

"i). Set aside the entire proceedings of Execution Case No.12 of 2014 (Computerized No. U.P.A.Z.0600644002014 Virendra Kumar Mishra Vs. Ashok Rai and others (arising out of judgment and decree dated 28.01.2014 passed in O.S. No.273 of 2000 in between Sankatha Prasad and others Vs. Lalta and others) pending in the Court of Civil Judge (Junior Division) Court No.15, District-Azamgarh.

ii). Direct the executing Court Respondent no.2 to decide the applications papers Nos.36-C/2, 37-C/2 and 60-C/2 dated 18.04.2019 and 18.02.2020 (Annexure-7, 8 and 14) to the petition regarding the maintainability and sustainability of Execution Case No.12 of 2014, Virendra Kumar Mishra Vs. Ashok Rai and others first in accordance with law by passing the speaking order within the period so stipulated by this Hon'ble Court and till then the further proceeding of the Execution Case No.12 of 2014 (Annexure No.5 to the petition) on merits be stayed."

At the very outset, learned counsel for the petitioner states that he is not pressing the first prayer and is confining the relief to the second prayer only.

It is contended that the Original Suit No.273 of 2000 (Sankatha Prasad and others Vs. Lalta and others) was filed on 24.05.2000 seeking relief of permanent injunction.

During the pendency, defendant no.1, Lalta Prasad died on 28.10.2013 and legal heirs of Lalta Prasad were never substituted during the pendency of the said suit. By an ex-parte judgment, the trial court decreed the suit against the defendant on 28.01.2014. An execution for decree was filed under Order 21 Rule XI of C.P.C., which was registered as Execution Case No.12 of 2014 (Virendra Kumar Vs. Ashok Rai and others). The present petitioner had filed objections before the executing court on 18.04.2019, which is paper no.37-C/2 and till date the said application has not been decided.

The sole prayer of learned counsel for the petitioner is for a direction upon the court for early disposal of the application dated 18.04.2019.

As no useful purpose would be served in keeping this writ petition pending, without issuing notice to respondent no.1 or calling for counter affidavit Civil Judge (J.D.), Court No.15, Azamgarh is directed to decide the said application expeditiously preferably within next three months from the date of production of copy of this order downloaded from the Official Website of this High Court strictly in accordance with law after hearing the concerned parties.

Writ petition stands disposed of.

Order Date :- 12.7.2021

SK Goswami