Hari Narayan vs Seema Devi
2023 Latest Caselaw 1937 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 75 of 2023
 

 
Petitioner :- Hari Narayan
 
Respondent :- Seema Devi
 
Counsel for Petitioner :- Amit Kumar Singh
 

 
Hon'ble Ajit Kumar,J.

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.- 6 of 2022 before Fast Track Court-I/ Civil Judge (Junior Division) Sant Kabir Nagar.

Learned counsel for the petitioner submits that judgment debtor has already put in appearance in the execution case.

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 :- 18.1.2023

Atmesh