Smt.Ganga Devi And 3 Others vs Smt.Kalawati And Another
2023 Latest Caselaw 3267 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1099 of 2023
 

 
Petitioner :- Smt.Ganga Devi And 3 Others
 
Respondent :- Smt.Kalawati And Another
 
Counsel for Petitioner :- Pradeep Kumar Tiwari
 

 
Hon'ble Ajit Kumar,J.

By means of present petition filed under Article 227 of the Constitution, the petitioners want expeditious disposal of execution case no. 7 of 2014.

It is submitted by learned counsel for the petitioner that judgment debtors have appeared in the case and have filed objection under Section 47 of the Code of Civil Procedure being miscellaneous application no. 223 of 2016, which is pending consideration.

In the circumstances, following directions are issued:

a). Executing court in the first instance shall dispose of miscellaneous application of the judgment debtor, if any, filed under Section 47 of the Code of Civil Procedure within a maximum period of thirty days from the date of presentation of certified copy of this order.

b). After disposal of Section 47 objection, if the same is rejected, the court will proceed to decide the execution case within a period the next three month' time.

It is, however, clarified that in the event, this order could not be carried out within the time frame fixed, for any technical reason, then for such delay in disposal of the case and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with any personal liability of contempt.

Order Date :- 1.2.2023

Sanjeev