Bharat Raj Singh vs Civil Judge (Junior Division) ...
2023 Latest Caselaw 1748 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 114 of 2023
 

 
Petitioner :- Bharat Raj Singh
 
Respondent :- Civil Judge (Junior Division) Dakshini Court No.24, Sultanpur And Others
 
Counsel for Petitioner :- Mahendra Pratap Singh
 

 
Hon'ble Manish Mathur,J.

Supplementary affidavit filed today pursuant to earlier direction is taken on record.

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

Petition has been filed under Article 227 of the Constitution of India seeking a direction to court concerned for expeditious disposal of execution proceedings pending in view of judgment and orders passed by Small Causes Court.

Learned counsel for petitioner submits that the petitioner had filed S.C.C. Suit No.10 of 2010 for arrears of rent and ejectment which was decided in his favour on 02.03.2015 and revision filed thereagainst was also dismissed on 19.09.2017 against which Writ Petition No.26138(R/C) of 2017 was filed which was also dismissed vide judgment and order dated 19.01.2018 which became final. It is submitted that in pursuance thereof petitioner had filed Execution Case No.6 of 2018 which is pending consideration in which objections have already been filed by answering opposite parties. It is submitted that despite the same, only general dates are being allocated and therefore direction is required for expeditious disposal of the execution proceedings.

Considering the submissions advanced by learned counsel for the parties and upon perusal of the material on record, it appears that S.C.C. Suit No.10 of 2010 was decided on 02.03.2015 in favour of petitioner which has been upheld up to this Court as indicated herein above with judgment of this Court attaining finality whereafter Execution Case has been filed and is pending consideration for the past four years. It has been submitted that the petitioner is of advanced age of 84 years and therefore direction for expeditious disposal of execution case is required.

Considering aforesaid, Civil Judge (Junior Division) Dakshini Court No.24, Sultanpur is directed to decide Execution Case No.6 of 2018 expeditiously, preferably within a period of eight months from the date a copy of this order is brought on record of the proceedings without granting undue adjournments to either parties and in case there is no other legal impediment.

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

With aforesaid observations, the writ petition stands disposed of.

Order Date :- 17.1.2023

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