Vinod Tiwari (Vinod Kumar) vs State Of U.P. And 2 Others
2021 Latest Caselaw 8435 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - C No. - 4393 of 2021
 

 
Petitioner :- Vinod Tiwari (Vinod Kumar)
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manu Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

Petitioner, by means of instant petition, primarily seeks the execution of judgment and decree dated 25.01.2019 passed in Partition Suit No. 218 of 2013 (Vinod and others Vs. Anant Devi) under Section 176 of U.P.Z.A. & L.R. Act, 1950.

It is urged that the aggrieved parties preferred an appeal pending before the Court of Commissioner, Gorakhpur Division, Gorakhpur (Giriraj Kishore @ Lal Ji Vs. Vinod Tiwari). It is submitted that injunction has not been granted by the appellate court, therefore, petitioner has moved an application to revenue authorities for execution of decree and seeking handing over of the specific Kurra/property.

Learned Standing Counsel submits that petitioner has to approach trial court for execution of the decree which cannot be executed in writ jurisdiction. Further, the private parties to the suit have not been impleaded.

These facts are not disputed by learned counsel for the petitioner and being faced with the objections, learned counsel for the petitioner submits that he may be permitted to withdraw the petition with liberty to take remedy of execution before the court below.

In view thereof, the petition is dismissed as withdrawn with liberty to the petitioner to avail the remedy of execution before the appropriate forum/court in accordance with law.

Order Date :- 22.7.2021

P. Sri.