Charan Jeet Singh Chhabra vs Addl. District Judge, Court No. ...
2023 Latest Caselaw 12136 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 
Case :- MATTERS UNDER ARTICLE 227 No. - 2002 of 2023
 
Petitioner :- Charan Jeet Singh Chhabra
 
Respondent :- Addl. District Judge, Court No. 16, Lko. And Another
 
Counsel for Petitioner :- Ali Akhtar Zaidi
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner.

In view of order being proposed to be passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of application for stay filed by petitioner in SCC Revision No.72 of 2019.

Learned counsel for petitioner submits that SCC Suit No.350 of 1995 was decided vide order dated 27.05.2019 in favour of opposite party no.2 whereafter SCC Execution Case No.1 of 2021 was filed and due to its pendnecy, opposite no.2 (Sri Harbhaj Ram Ripa Devi Trust) had filed petition no.777 of 2023 under Article 227 of the Constitution of India, which was disposed of vide order dated 28.02.2023 with a direction that the execution case should be decided expeditiously within a period of six months from the date a certified copy of this order is brought on record of proceedings.

It is submitted that in the meantime, petitioner being the judgment debtor had filed the SCC Revision No.72 of 2019 in which the opposite parties have already put in appearance and the proceedings are pending consideration for the past four years. Since in the order dated 28.02.2023, it has been noticed that there is no interim order in the SCC Revision, execution case was directed to be expedited and in such circumstances, it would be incumbent that directions be issued for early disposal of application for stay in SCC Revision.

Considering submissions advanced by learned counsel for petitioner, and keeping in view the narration of events as indicated in order dated 28.02.2023 passed in Matter Under Article 227 No.777 of 2023, opposite party no.1 i.e. Additional District Judge, Court No.16, Lucknow is directed to decide the SCC Revision No.72 of 2019 expeditiously, preferably within a period of four months from the date a certified copy of this order is brought on record of proceedings, in case there is no other legal impediment.

Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/suit.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 20.4.2023

Subodh/-