Chhotey Lal 4 And Others vs State Of U.P. And 12 Others
2022 Latest Caselaw 1532 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3018 of 2022
 

 
Petitioner :- Chhotey Lal 4 And Others
 
Respondent :- State Of U.P. And 12 Others
 
Counsel for Petitioner :- Viajy Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Vijay Kumar Sharma, learned counsel for petitioners and perused the record.

This petition under Article 227 of the Constitution of India has been filed by petitioners for expeditious disposal of recall application filed in Execution Case No.3 of 2014 pending before Additional Civil Judge (Junior Division), Court No.4, Bhadohi at Gyanpur, arising out of Suit No.656 of 1999 (Chhotey Lal Vs. Udai Raj and others).

It is submitted by learned counsel for petitioners that suit filed by petitioners for permanent injunction was decreed by the court below vide judgment dated 15.12.2010. Petitioners had filed execution case which was registered as Execution Case No.3 of 2014. It is further submitted that execution case was dismissed in default on 24.1.2017 and the petitioner had moved a recall application on 2.2.2017 for recalling of order dated 24.1.2017, which is still pending for disposal.

Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Additional Civil Judge (Junior Division), Court No.4, Bhadohi at Gyanpur is directed to decide the recall application filed in Execution Case No.3 of 2014, arising out of Suit No.656 of 1999 (Chhotey Lal Vs. Udai Raj and others), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of six months from the date of production of certified copy of this order, unless there is any legal impediment.

With the aforesaid directions, the petition is disposed of.

Order Date :- 26.4.2022

Kpy