Ganesh Prasad (Since Deceased) ... vs Sadiq Hussain ( Since Deceased) ...
2023 Latest Caselaw 1653 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 434 of 2023
 

 
Petitioner :- Ganesh Prasad (Since Deceased) And 3 Others
 
Respondent :- Sadiq Hussain ( Since Deceased) Abd 6 Others
 
Counsel for Petitioner :- Dhiraj Srivastava
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Yatharth Srivastava, learned Advocate holding brief of Sri Dhiraj Srivastava, learned counsel for the petitioners.

By means of present petition filed under Article 227 of the Constitution, the petitioners want expeditious disposal of execution case no. 4 of 1996.

Learned counsel for the petitioner submits that execution case has remained pending consideration before the executing court because of pendency of the second appeal filed by the judgment debtor and the second appeal has been dismissed in default on 22.4.2014 and the said order has yet not been recalled.

In such circumstances, this petition stands disposed of with direction in the first instance decide the objection, if any filed under Section 47 of the Code of Civil Procedure, 1908 within a period of thirty days from the date of presentation of certified copy of the order or even otherwise dispose of the pending execution cases within next three months after giving full opportunity of hearing to the parties.

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 aforesaid case, and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with personal liability of contempt but the Court shall have to record reasons to be justified enough for granting adjournments and/ or deferring hearing of the matter by fixing dates.

Order Date :- 16.1.2023

Sanjeev