Irfan Ali vs Addl. Civil Judge (J.D.) Room No. ...
2023 Latest Caselaw 22791 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2023:AHC-LKO:55735
 
Court No. - 18
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4160 of 2023
 

 
Petitioner :- Irfan Ali
 
Respondent :- Addl. Civil Judge (J.D.) Room No. 47 Lko. And 4 Others
 
Counsel for Petitioner :- Mohd. Ayub
 

 

 
Hon'ble Saurabh Lavania,J.

Heard learned Counsel for the parties.

In view of the order proposed to be passed by this Court, notice to the private-respondents  is dispensed with.

The present petition has been filed for the following main relief:-

"vr% izkFkZuk gS fd voj U;k;ky; esa fopkjk/khu btjk izkFkZuk i= la[;k&29@2018 glhc vgen cuke 'kdhy vgen vkfn dh dk;Zokgh dks lekIr djus gsrq vkns'k@funsZ'k nsus dh d`ik djsaA

vU; vkns'k@ funsZ'k tks U;k;ky; mfpr le>s ikfjr djus dh d`ik djsaA"

On being confronted, learned Counsel for the petitioner states that he does not want to press the main relief sought, which relates to quashing of Execution Case. He further submitted that in regard to conclusion of execution proceedings, the Hon'ble Apex Court has issued certain guidelines, according to which, the execution case should be decided expeditiously preferably within six months. In this regard, reference has been made to the judgment passed by the Hon'ble Apex Court in the case of Rahul S.Shah Versus Jinendra Kumar Gandhi reported in 2021 OnLine SC 341.

Leaned Counsel for the petitioner further submitted that justice would suffice if this petition is disposed of with a direction to respondent no.1/Additional Civil Judge (Judicial), Court No. 47, Lucknow, to consider and decide the Execution Case No. 29 of 2018 (Haseeb Ahmad Versus Shakeel Ahmad and Others), within stipulated time.

Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1, to consider and decide the Execution Case No. 29 of 2018 (Haseeb Ahmad Versus Shakeel Ahmad and Others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party, strictly in the light of observations/directions of the Hon'ble Apex Court in the judgment referred above.

It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 22.08.2023

Jyoti/-