Bhuguli vs Jokhan And 2 Others
2023 Latest Caselaw 2606 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 532 of 2023
 

 
Petitioner :- Bhuguli
 
Respondent :- Jokhan And 2 Others
 
Counsel for Petitioner :- Shailendra Kumar Yadav
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Shailendra Kumar Yadav, learned counsel for the petitioner.

By means of this petition filed under Article 227 of the Constitution of India, the petitioner wants expeditious disposal of his misc. case bearing no.27 of 2004 pending in the court of Additional Civil Judge (J.D.), IIIrd, Jaunpur in respect of judgment and decree dated 8.4.2004 passed in the said suit for specific performance of contract.

The petitioner claims to be a subsequent purchaser of the land from the judgment debtor.

Prima facie I find that maintainability of an application of this kind for recall of the judgment and order by third party is questionable and proper course for such subsequent purchaser is to context execution case but since no order has been passed on the pending application, this petition stands disposed of with the direction to the court concerned to dispose of the pending misc. case no. 27 of 2004 as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order.

It is clarified that the above order has been passed without entering into the merits of the case.

Order Date :- 24.1.2023

Deepika