Samla vs Rajendra And 3 Others
2022 Latest Caselaw 7966 ALL

Citation : 2022 Latest Caselaw 7966 ALL
Judgement Date : 25 July, 2022

Allahabad High Court

Samla vs Rajendra And 3 Others on 25 July, 2022

Bench: Vipin Chandra Dixit




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5545 of 2022
 
Petitioner :- Samla
 
Respondent :- Rajendra And 3 Others
 
Counsel for Petitioner :- Shailesh Kumar Tripathi
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the petitioner and perused the record.

Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Additional Civil Judge (Senior Division)-II, Varanasi to decide the Case No. 06 of 2020 (Samla vs. Rajendra and others) within stipulated period of time.

It is submitted by the learned counsel for petitioner that the petitioner had filed a suit for permanent injunction as well as eviction which was decreed on 11.12.2018. It is further submitted that being aggrieved by the judgment and decree dated 11.12.2018, the defendants-respondents had filed civil appeal which was also dismissed by Additional District Jude, Court No. 7, Varanasi, vide judgment and order dated 24.01.2020. Lastly, it is submitted that the petitioner has filed execution case for execution of decree which was numbered as Execution Case No. 06 of 2020 and the defendants-respondents had put in appearance before the executing court but on account of delaying tactics adopted by the defendants-respondents, the execution case could not be proceeded and is pending for disposal since, 2020.

Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Additional Civil Judge (Senior Division)-II, Varanasi is directed to decide the Case No. 06 of 2020 (Samla vs. Rajendra and others) expeditiously and if possible within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.

With aforesaid direction, the instant petition is finally disposed of.

Order Date :- 25.7.2022

sailesh