Arya Samaj vs Smt. Kanaklata Srivastava And ...
2022 Latest Caselaw 14242 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8951 of 2022
 

 
Petitioner :- Arya Samaj
 
Respondent :- Smt. Kanaklata Srivastava And Another
 
Counsel for Petitioner :- Rajesh Kumar Dubey
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner and perused the record.

By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-

"(a). an order or direction to the learned court below Judge Small Causes, Gorakhpur to finalize the SCC Execution Case No. 1 of 2020 (Arya Samaj, Gorakhpur v. Smt. Kanaklata Srivastava and Another) within specific period as fixed by this Court."

It is contended by the learned counsel for the petitioner that opposite party/ judgment debtor has already appeared in the execution application.

Considering overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid execution application strictly in accordance with law after giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of three months from the date of filing of certified of copy of this order.

It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the execution case quite religiously. However, it is provided that the trial court shall fix priority in the hearing of case in question in the order of preference in which other such cases might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.

However, if for any technical reason and unavoidable circumstances the aforesaid order is not complied with in a sense that the case does not get disposed of within time framed by this Court, such delay will not by itself hold the Presiding Judge personally liable for any contempt of this Court.

Order Date :- 13.10.2022

Sanjeev