Ramesh vs Mangal
2022 Latest Caselaw 8609 ALL

Citation : 2022 Latest Caselaw 8609 ALL
Judgement Date : 29 July, 2022

Allahabad High Court

Ramesh vs Mangal on 29 July, 2022

Bench: Vipin Chandra Dixit




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5784 of 2022
 

 
Petitioner :- Ramesh
 
Respondent :- Mangal
 
Counsel for Petitioner :- Anand Mohan Pandey,Krishan Mohan Pandey
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Anand Mohan Pandey, learned counsel for petitioner and perused the record.

This petition under Article 227 of the Constitution of India has been filed by petitioner seeking a direction to the Civil Judge (J.D.), Kalpi, Jalaun to decide the Execution Case No.2 of 2019 (Ramesh Vs. Mangal), within a stipulated time period.

It is submitted by learned counsel for petitioner that suit filed by petitioner which was registered as Original Suit No.148 of 2012, was decreed by the Civil Judge (J.D.), Kalpi, Jalaun vide judgment and decree dated 27.4.2019. It is further submitted that respondent-defendant had not filed any appeal against the said judgment and decree dated 27.4.2019 and it became final between the parties. It is further submitted that petitioner had filed execution case for executing the decree which was registered as Execution Case No.2 of 2019 and the respondent-defendant has put in appearance before the executing court and filed his objection. It is further submitted that on account of delaying tactics adopted by respondent-defendant the execution case could not be proceeded and is pending since 2019.

Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (J.D.), Kalpi, Jalaun is directed to decide the Execution Case No.2 of 2019 (Ramesh Vs. Mangal), 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, without granting undue adjournments to either of the parties, unless there is any legal impediment.

With the aforesaid directions, the petition is disposed of.

Order Date :- 29.7.2022

Kpy