Om Prakash Verma vs Raj Bahadur
2023 Latest Caselaw 5905 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1708 of 2023
 

 
Petitioner :- Om Prakash Verma
 
Respondent :- Raj Bahadur
 
Counsel for Petitioner :- Krishna Dutt Awasthi
 

 
Hon'ble Ajit Kumar,J.

Supplementary affidavit filed today which is taken on record.

Heard learned counsel for the petitioner and perused the record.

By means of this petition filed under Article 227 of the Constitution, the petitioner has prayed for expeditious disposal of the pending execution case being Execution Case No. 5 of 2014.

In the supplementary affidavit it has been stated that no appeal has been filed against the judgment and decree which is sought to be executed. It is further submitted that no objection under Section 47 of the Code of Civil Procedure, 1908 is pending consideration nor any application under Section 21 Rule 101 of C.P.C. is filed by any third party.

In the circumstances, this petition stands disposed of with a direction to the executing court to dispose of the execution case in accordance with law as expeditiously as possible preferably within a period of six months from the date of production of certified copy of this order.

It is clarified that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which other pending proceeding, if any, has been expedited by this Court in the past.

However, if for any technical reason and unavoidable circumstances the aforesaid order is not complied with in a sense that the execution case does not get disposed of within time framed by this Court, such delay will not by itself hold the Presiding Judge personally liable for any contempt of this Court but in view of the direction for expeditious disposal the court concerned shall have to record special reasons for granting adjournment.

Order Date :- 22.2.2023

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