Pravish Dixit vs Sita Ram Agrawal (Since Deceased) ...
2023 Latest Caselaw 3265 ALL

Citation : 2023 Latest Caselaw 3265 ALL
Judgement Date : 1 February, 2023

Allahabad High Court

Pravish Dixit vs Sita Ram Agrawal (Since Deceased) ... on 1 February, 2023

Bench: Salil Kumar Rai




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 756 of 2023
 

 
Petitioner :- Pravish Dixit
 
Respondent :- Sita Ram Agrawal (Since Deceased) And 41 Others
 
Counsel for Petitioner :- Manish Kumar Nigam,Manoj Singh Rathaur
 

 
Hon'ble Salil Kumar Rai,J.

A Vakalatnama filed by Sri K.K. Tiwari, Advocate on behalf of respondent no. 23 is taken on record.

Heard the counsel for the parties.

The grievance of the petitioner in the present petition is that a process for eviction of the petitioner has been issued by the executing court in Execution Case No. 03 of 2010 even though the order rejecting the application filed by the petitioner to be substituted as legal representative of judgment debtors / defendants in the execution proceedings has been challenged by the petitioner in Revision No. 107 of 2021 which is still pending before the District Judge, Azamgarh.

It was argued by the counsel for the petitioner that, in case, the process is executed and the petitioner is evicted from the demised premises, Revision No. 107 of 2021 shall become infructuous.

Without expressing any opinion regarding the merits of the revision filed by the petitioner against the order of the executing court, the petition is disposed of with a direction to the District Judge, Azamgarh to finally dispose of Revision No. 107 of 2021 pending before him by 28th February, 2023.

The proceedings in Execution Case No. 03 of 2010 shall be dependent on the orders passed by the District Judge, Azamgarh and the Execution Case shall be disposed of expeditiously by the executing court after the orders are passed by the District Judge, Azamgarh in Revision No. 107 of 2021. Till orders are passed by the District Judge, Azamgarh in Revision No. 107 of 2021, further proceedings in Execution Case No. 03 of 2010 and the process issued by the Execution Court shall remain stayed.

With the aforesaid direction, the petition is disposed of.

Order Date :- 1.2.2023

Satyam