Santosh Kumar Mishra @ Santosh ... vs Civil Judge (S.D.) Court No. 15 ...
2023 Latest Caselaw 12641 ALL

Citation : 2023 Latest Caselaw 12641 ALL
Judgement Date : 24 April, 2023

Allahabad High Court

Santosh Kumar Mishra @ Santosh ... vs Civil Judge (S.D.) Court No. 15 ... on 24 April, 2023

Bench: Manish Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1770 of 2023
 
Petitioner :- Santosh Kumar Mishra @ Santosh Kumar
 
Respondent :- Civil Judge (S.D.) Court No. 15 Pratapgarh And 15 Others
 
Counsel for Petitioner :- Shanker Lal Pandey
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner.

On 10.04.2023, following order had been passed:

"Heard learned counsel for the petitioner. Notices to opposite parties stands dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking expeditious disposal of the Misc. Case No.2 of 2004 filed as an Execution Case for execution of judgment and order dated 24th February, 2004 passed in Regular Suit No.10 of 2001.

Learned counsel for the petitioner submits that in the aforesaid proceedings, only general dates are being allocated, therefore expedite orders are required to be passed.

Considering the submissions advanced by learned counsel for the petitioner, Office is directed to obtain a report from the learned Civil Judge (S.D.), Court No.15, Pratapgarh with regard to current status of Misc. Case No.2 of 2004; Santosh Kumar and others vs. Ram Chandra and others.

List on 24th April, 2023 as fresh. "

In compliance thereof, report dated 12.04.2023 has been submitted by the trial court indicating the progress of execution case. It is indicated that current status of proceedings is with regard to hearing on the Commission report and for hearing to the remaining defendants.

Considering aforesaid facts, it appears that the execution proceedings are in their final stages and as such, opposite party no.1 i.e.Civil Judge (S.D.), Court No.15, Pratapgarh is directed to decide Misc. Case No.2 of 2004; Santosh Kumar and others vs. Ram Chandra and others pending before the said court expeditiously, preferably within a period of one year from the date a certified copy of this order is brought on record of proceedings and 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 :- 24.4.2023

Subodh/-