Dr. Yogesh Upadhyay vs Dr. Dilip Goswami
2023 Latest Caselaw 19476 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:150221
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7888 of 2023
 

 
Petitioner :- Dr. Yogesh Upadhyay
 
Respondent :- Dr. Dilip Goswami
 
Counsel for Petitioner :- Abhishek Tiwari
 

 
Hon'ble Prakash Padia,J.

Heard Sri Abhishek Tiwari, learned counsel for the plaintiff- petitioner and perused the record.

The present petition has been filed with the following prayer:-

"(a) Order or direction to expedite the Misc. Case No.68 of 2017 (Dr. Dilip Goswami Vs. Dr. Yogesh Upadhyay) in Small Causes Case No.21 of 2014 (Dr. Yogesh Upadhyay Vs. Dr. Dilip Goswami), pending consideration before the Court of Civil Judge (Sr. Division), Mathura, and further direct the Court concerned to conclude the same within a stipulated period of time"

It is argued by learned counsel for the plaintiff- petitioner that the judgment and decree has already been passed in his favour on 15.8.2017 but the same could not be executed only the ground that the recall application filed by the defendant- respondent is pending consideration.

After going through the record, it transpires that six years are going to be expired from the date of filing of aforesaid case, under Order IX Rule 13 of C.P.C.

In this view of the above, this Court is of the opinion that the court below before whom the aforesaid case is pending is directed to decide the same most expeditiously and positively within a period of four months from the next date fixed in the matter.

With the above direction, the present petition is disposed of.

Order Date :- 27.7.2023

S.K.