Citation : 2023 Latest Caselaw 6437 ALL
Judgement Date : 28 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 1606 of 2023 Petitioner :- Smt. Rajni Devi Respondent :- Sri Ram Swaroop (Since Deceased) And 11 Others Counsel for Petitioner :- Prakhar Tandon Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner wants expeditious disposal of Execution Case No. 20 of 2021 [Smt. Rajni Devi v. Sri Ram Swaroop (since deceased) and others].
It is submitted by learned counsel for the petitioner that except of misc. application filed by the judgment debtor, no other objection is pending for consideration before the executing court.
In view of the above, this petition stands disposed of with a direction to the Presiding Court to first decide the pending misc. application within a period of 30 days from the date of production of certified copy of this order and thereafter, shall proceed to decide the execution case within a further period of six months time.
It is 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 appeal and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with personal liability of contempt.
Order Date :- 28.2.2023
IrfanUddin
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