Allahabad High Court
Sheetanshu Sharma vs Smt. Anisha Agrawal on 11 June, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 1967 of 2021
Petitioner :- Sheetanshu Sharma
Respondent :- Smt. Anisha Agrawal
Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the landlord-decree holder-petitioner through video conferencing.
In view of the order proposed to be passed, notices need not go to tenant-judgment debtor-respondent.
Present petition has been preferred for a direction to Judge, Small Cause Court, Varanasi to decide Execution Case No.2 of 2017 (Sheetanshu Sharma v. Anisha Agrawal) within stipulated period.
Learned counsel for the petitioner submits that the petitioner filed SCC No.39 of 2016 (Sheetanshu Sharma v. Anisha Agrawal) for decree of ejectment of tenant-respondent from accommodation in question. The same was decreed by the Judge, Small Cause Court Varanasi exparte against the defendant for ejectment from shop in question within two months, arrears of rent and mesne profits vide judgment and decree dated 27.1.2017. Against the same the tenant-respondent filed restoration application under Order IX Rule 13 CPC to set aside the aforesaid judgment and decree but the same was also rejected vide order dated 30.10.2017. Against the order dated 30.10.2017 the tenant-respondent filed SCC Revision No.1 of 2018, which was also dismissed by the Addl. District Judge/Special Judge (Prevention of Corruption Act), Special Court No.1, Varanasi vide order dated 31.5.2018, which is stated to become final as it was not challenged before higher court of law.
Consequently, the petitioner put the decree in execution being Execution Case No.2 of 2017, which is pending consideration. It is alleged that the judgment debtor just to delay the execution case filed an application dated 17.4.2018 under Order XXI Rule 23 and 36 CPC to reject the execution case as the decree is not executable being without jurisdiction and nullity.
Learned counsel for the petitioner submits that once the decree in question has been upheld in revision and the same has not been challenged before higher court of law, the same become final and the decree should be executed expeditiously. He further submits that the next date fixed in execution case is 5th July, 2021. .
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of asking the execution court to decide the aforesaid execution case in accordance with law, if possible on the next date fixed, or in any case within two months from the date of production of copy of this order but certainly after giving opportunity to all the stake holders in the matter.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 11.6.2021
SP/
