Mohd. Siddiq vs Civil Judge (Junior Division) ...
2022 Latest Caselaw 9582 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2813 of 2022
 

 
Petitioner :- Mohd. Siddiq
 
Respondent :- Civil Judge (Junior Division) Room No. 15 Dist. Sultanpur And 3 Others
 
Counsel for Petitioner :- Surendra Pratap Singh,Rajendra Pratap Singh
 

 
Hon'ble Rajiv Joshi,J.

Heard Sri Surendra Pratap Singh, learned counsel for the petitioner and perused the record.

The present petition under Article 227 has been filed challenging the orders dated 14.3.2022 and 7.2.2022 passed by the executing court/ Civil Judge (Junior Division),Room No. 15 Sultanpur whereby the writ of possession was issued as the petitioner has not filed any objection and subsequently, recall application filed by the petitioner was also rejected.

Learned counsel for the petitioner submits that the respondent nos. 3 to 4 filed a suit for ejectment and recovery of arrears of land which was decreed by the trial judge vide order dated 1.11.2021. Against the said order, an appeal under Section 96 of C.P.C. was filed before the District Judge along with application for stay of the execution, which is pending in the meantime, execution was filed by the decree-holder for executing the decree.

The record reflects that the petitioner who was judgment debtor has not filed any objection to the execution and therefore, writ of possession was issued. The application for recalling the said order rejected as the petitioner/judgment debtor was not present.

The petitioner has a remedy to press the stay application, which is pending before the appellate court.

The petition lacks merit and is accordingly dismissed.

Order Date :- 6.8.2022

Akbar