Indrajeet vs Vinod And 2 Others
2022 Latest Caselaw 15278 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 9476 of 2022
 

 
Petitioner :- Indrajeet
 
Respondent :- Vinod And 2 Others
 
Counsel for Petitioner :- Jagdish Singh Bundela
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner and perused the record.

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

"(i) Issue a order or direction, directing the Civil Judge (Senior Division) Chitrakoot to decide the Execution Case No. 02 of 2011 (Indrajeet Versus Ramswaroop and others) expeditiously if possible within a stipulated period fixed by this Hon'ble Court."

It is submitted before this Court that respondent in the aforesaid case has already been served with summons and satisfaction in that regard has been recorded by the prescribed authority. It is next submitted that the defendant is unnecessarily delaying the matter.

It is admitted to the petitioner that an objection under Section 27 of the Code of Civil Procedure, 1908 has been filed by the judgment debtor on 10.10.2014 and has already been rejected and that order has not been challenged any further.

Be that as it may, since Execution Case is of the year 2011 and the respondent has already stood served with summons, the matter is expedited.

Accordingly, this petition stands disposed of with a direction to the prescribed authority to proceed to decide the matter strictly in accordance with law after giving full opportunity of hearing to the parties concerned within a period of six months from the date of receipt of certified copy of this order.

It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the aforesaid 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 :- 31.10.2022

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