Jama Masjid Chowk,Sultanpur ... vs Civil Judge(Junior ...
2021 Latest Caselaw 6846 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MISC. SINGLE No. - 12834 of 2021
 

 
Petitioner :- Jama Masjid Chowk,Sultanpur Thru. Its Mutawalli Nisar Ahmad
 
Respondent :- Civil Judge(Junior Division),Court No.24,Sultanpur & Ors.
 
Counsel for Petitioner :- Mohiuddin Khan,Mohd. Zaid Khan
 

 
Hon'ble Rajeev Singh,J.

The Court convened through video conferencing.

Heard Mr. Mohiuddin Khan, learned counsel for the petitioner and Sri Vivek Kumar Singh, learned Standing Counsel for the State.

The present writ petition has been filed by the petitioner for the following main reliefs:-

"I. Issue an order or direction to the opposite party No.1 to expedite the disposal of Execution Case No.08 of 2015 (Jama Masjid Chowk, Sultanpur Vs. Ram Chander Singh and others) and execute the judgment and decree dated 26.04.2012 passed in SCC Suit No.11 of 1998 within the time bound period as may be fixed by this Hon'ble Court.

II. Issue an ad-interim order or direction thereby directing the opposite party No.1 to forthwith recovery the arrears of rent and damages as per the order dated 21.12.2015 passed by this Hon'ble Court in Writ Petition No.112 (R/C) of 2015."

Learned counsel for the petitioner has submitted that SCC Suit No.11 of 1998 decided by the Civil Judge (J.D.), South Sultanpur on 26.04.2021. Against the aforesaid order, the revision was filed and same was dismissed, and thereafter Writ Petition No.112 (R/C) of 2015 filed by the opposite party No.2, which was also dismissed. He further submitted that opposite party Nos. 2, 3 and 4 have put in appearance in the aforesaid execution case, but only adjournments are being given by the Court below, therefore, indulgence of this Court is necessary to issue a direction for expeditious disposal of the aforesaid execution case.

Considering the arguments of learned counsel for the petitioner and going through the contents of pleadings as well as annexures, it is evident that SCC Suit No.11 of 1998 was decided on 26.04.2012 finally and revision of the private respondents was also dismissed, and thereafter Writ Petition No.112 (R/C) of 2015 filed by opposite party No.2, the same was also dismissed on 08.07.2019 and no any application for recall is pending as stated in para-21.

In such circumstances, Civil Judge (J.D), Sultanpur is directed to decide the aforesaid Execution Case No.8 of 2015, expeditiously, after giving proper opportunity of hearing to the parties, in accordance with law.

In view of the above observation/direction, the writ petition is disposed of.

Order Date :- 30.6.2021

Amit/-