Jahir Khan vs Rajaram And 3 Others
2023 Latest Caselaw 34344 ALL

Allahabad High Court

Jahir Khan vs Rajaram And 3 Others on 8 December, 2023

Author: Ashutosh Srivastava

Bench: Ashutosh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:232998
 
Court No. - 44
 
Case :- MATTERS UNDER ARTICLE 227 No. - 12269 of 2023
 
Petitioner :- Jahir Khan
 
Respondent :- Rajaram And 3 Others
 
Counsel for Petitioner :- Pradeep Kumar,Piyush Patel
 

 
Hon'ble Ashutosh Srivastava,J.
 

1. Heard Shri Pradeep Kumar, learned counsel for the petitioner.

2. Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

3. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Junior Division), Maharajganj, to decide the Execution Case No. 9 of 2021 (Jahir Khan vs. Rajaram and others), within the stipulated period fixed by this Court.

4. Learned counsel for the petitioner submits that the Execution Case is pending considering since 2021 and the purpose of filing present petition shall stands served if the appropriate directions are issued to Court below to conclude and decide the Execution Case, within the time frame fixed by this Court.

5. Having heard learned Counsel for the petitioner and having perused the record, this Court is of the opinion that the proceedings of execution case is liable to be expedited in view of the judgment of the Apex Court in the case of Rahul S. Shah Vs. Jitendra Kumar Gandhi and others, (2021) 6 SCC 418, wherein the Apex Court has clearly laid down that execution proceedings should be brought to its logical end within 6 months from the date filing which may be extended only by recording reasons in writing for such delay.

6. In such view of the matter, this petition is disposed off requiring Civil Judge (Junior Division), Maharajganj, seized with Execution Case No. 9 of 2021 (Jahir Khan vs. Rajaram and others) to conclude and decide the case expeditiously preferably within a period of three months, from the date of production of certified copy of order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties.

Order Date :- 8.12.2023

Deepak/