Ghulam Mohd. vs Judge Small Causes Court Faizabad ...
2022 Latest Caselaw 4663 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1894 of 2022
 
Petitioner :- Ghulam Mohd.
 
Respondent :- Judge Small Causes Court Faizabad And Others
 
Counsel for Petitioner :- Prabhu Ranjan Tripathi,Mrs. Sanju Tripathi
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard.

This petition has been filed praying for a direction to be issued to the respondent no.1-Judge, Small Causes Court, Faizabad to decide the Execution Case No. 06/2009, expeditiously.

It has been submitted by learned counsel for the petitioner that one Smt. Shahjahan Begum initially filed a Suit for declaration and mandatory injunction against Nafees Ahmed, namely, Original Suit No.428 of 1993, which was decreed in favour of Smt. Shahjahan on 12.11.2008. After the aforesaid decree, Smt. Shahjahan Begum filed Execution Case bearing No.06 of 2009, which has remained pending till date. Even the Appeal filed by Nafees Ahmed, Civil Appeal No.145 of 2008, was dismissed on 27.11.015 by the first Appellate Court. In the meantime, the decree holder died and substituted by the petitioner. The judgement debtor also died and was substituted by his legal heirs. The Second Appeal that was filed by the judgment debtor has been dismissed by this Court on 16.04.2020 and a copy of the order passed by this Court in Second Appeal No.77 of 2016 has also been placed before the trial court, yet the execution case is pending.

This petition is disposed of with a direction to the respondent no.1 to consider and decide the execution case at the earliest keeping in mind the observations made by the Supreme Court in Rahul S. Shah v Jinendra Kumar Gandhi, 2021 SCC OnLine SC 341

Order Date :- 30.5.2022

Rahul