Citation : 2023 Latest Caselaw 370 ALL
Judgement Date : 4 January, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 12327 of 2022 Petitioner :- Smt. Kamla Devi Respondent :- Smt. Bedwati And Another Counsel for Petitioner :- Vikram Singh Hon'ble Ajit Kumar,J.
Heard Sri Ram Govind, holding brief of Sri Vikram Singh, learned counsel for the petitioner.
By means of the present petition filed under Article 227 of the Constitution, the petitioner has sought expeditious disposal of his objection filed under Section 47 of Code of Civil Procedure, 1908, that he has filed as an assignee of Smt. Jayanti Devi, who is a judgment debtor of the decree.
In view of the above, this petition stands disposed of with the direction to the executing court to dispose of the pending objection of the petitioner filed under Section 47 of CPC, within three months from the date of presentation of certified copy of this order, after giving full opportunity of hearing to all the parties concerned.
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 appeal and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with personal liability of contempt.
Order Date :- 4.1.2023
SP
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