Arvind Kumar Mishra And 3 Others vs Sambhu Nath (Died) And 3 Others
2022 Latest Caselaw 8974 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5894 of 2022
 

 
Petitioner :- Arvind Kumar Mishra And 3 Others
 
Respondent :- Sambhu Nath (Died) And 3 Others
 
Counsel for Petitioner :- Anil Kumar Mishra,Om Prakash Pathak
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Anil Kumar Mishra, learned counsel for the petitioners and perused the record.

Present petition under Article 227 of the Constitution of India has been filed seeking a direction to the Civil Judge(Senior Division)/FTC, Allahabad to decide Execution Case No.01 of 2021(Arvind Kumar vs. Sambhu Nath) filed by the petitioners/plaintiffs and Misc. Case No. 10 of 2021(Sambhu Nath vs. Arvind Kumar Mishra and others) within a stipulated time period.

It is submitted by learned counsel for the petitioners that suit filed by petitioners for specific performance was ex-parte decreed vide order dated 19.1.2021. The petitioners had filed execution of ex-parte decree dated 19.1.2021 which was registered as Execution Case No.01 of 2021. It is further submitted that defendants-judgment debtors have already put in appearance before the Court below but on account of delaying tactics adopted by defendants-judgment debtors, the execution case could not be decided.

Without going into merit of the case, it is appropriate that the above Execution Case be decided expeditiously.

In view of above, Civil Judge(Senior Division)/FTC, Allahabad/Court concerned is directed to decide the Execution Case No.01 of 2021(Arvind Kumar vs. Sambhu Nath)expeditiously, if possible within six months from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.

With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.

Order Date :- 2.8.2022

P.P.