Rakesh Kumar Modanwal And 7 Others vs District And Session Judge Distt. ...
2023 Latest Caselaw 2718 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 343 of 2023
 

 
Petitioner :- Rakesh Kumar Modanwal And 7 Others
 
Respondent :- District And Session Judge Distt. Pratapgarh And 9 Others
 
Counsel for Petitioner :- Ram Bali Tiwari
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners. 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 challenging order dated 29.07.2022 whereby application filed by petitioners under Order 21 Rule 29 of the Code of Civil Procedure(hereinafter referred to as the Code) filed in Execution Case No.34 of 2018 (Ganga Dei v. Ramchandra Halwai) has been rejected. Revisional Order dated 23.12.2022 rejecting Civil Revision No.69 of 2022 there against has also been challenged.

After advancing arguments with respect to aforesaid impugned order, learned counsel for petitioner does not seek to press this petition in view of the fact that petitioners as alleged judgment debtors has already filed objection under Section 47 of the Code as well as Application for Survey Commission of the Suit property before the executing court and direction may be issued for their expeditious disposal.

In view of aforesaid submissions advanced by learned counsel for petitioner the Petition is dismissed as not pressed granting aforesaid liberty to press the objections and application before the Executing Court.

Order Date :- 25.1.2023

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