Shri Harbhaj Ram Kripa Devi Trust ... vs The Judge Small Causes Court , Lko ...
2023 Latest Caselaw 6466 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 777 of 2023
 

 
Petitioner :- Shri Harbhaj Ram Kripa Devi Trust Thru. Secy. Shri Amit Gupta
 
Respondent :- The Judge Small Causes Court , Lko And Another
 
Counsel for Petitioner :- Shantanu Gupta
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner. In view of order being passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of SCC Execution case No. 1 of 2021 filed by petitioner in pursuance of judgment and order dated 27th May, 2019 passed in SCC Suit No. 350 of 1995. It is submitted that against aforesaid judgment and order, the defendants have filed SCC Revision No. 72 of 2019 which is pending consideration but there is no interim order in the said revision and as such judgment and order dated 27th May, 2019 is clearly executable.

Learned counsel for petitioner also submits that in execution proceedings, the defendants have already put in appearance and have filed their objections under Order 47 of the Code which are also pending consideration and as such directions are required for expeditious disposal.

Considering submissions advanced, the opposite party No.1 i.e. Judge, Small Causes Court, Lucknow is directed to decide SCC Execution Case No.1 of 2021(Sri Harbhaj Ram Kripa Devi Trust versus Charanjeet Singh Chhabra) expeditiously, preferably within a period of six months from the date a certified copy of this order is brought on record of the proceedings in case there is no other legal impediment.

Benefit of this order shall be available to the petitioner only in case he cooperates with the proceedings.

With the aforesaid directions, the petition stands disposed of.

Order Date :- 28.2.2023

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