Ramji Baranwal vs Civil Judge (Senior Division) ...
2023 Latest Caselaw 14108 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1967 of 2023
 

 
Petitioner :- Ramji Baranwal
 
Respondent :- Civil Judge (Senior Division) Court No. 15 Sultanpur And 3 Others
 
Counsel for Petitioner :- Shailesh Kumar Pathak,Ankush Pandey
 

 
Hon'ble Manish Mathur,J.

Heard Mr. Saurabh Pathak, learned counsel for petitioner.

On 19.04.2023, following order had been passed:

"Heard learned counsel for petitioner. In view of order being passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of execution case No.17 of 2019 with regard to execution of judgment and decree dated Ist September, 2000 passed in original suit No. 278 of 1997.

Learned counsel for petitioner submits that although objections under Section 47 of the Code of Civil Procedure were allowed subject to cost, the cost has not been deposited but proceedings are pending consideration and as such expedite orders are required to be passed.

In view of submissions advanced by learned counsel for petitioner, office is directed to obtain a report from opposite party No.1 i.e. Civil Judge, Senior Division, Court No.15, Sultanpur.

List this case on 3rd May, 2023 as fresh along with report. "

In pursuance of aforesaid directions, the presiding officer of court concerned has submitted his report dated 02.05.2023 indicating the fact that objections under Section 47 of Code of Civil Procedure are still pending consideration in which objections have been filed by petitioner. It is also indicated that vide order dated 13.08.2021, amin had been directed to proceed with attachment of property concerned but against the said order, recall has been filed which is also pending consideration. Report also indicates that next date fixed in execution proceeding is 11.05.2023 for decision thereupon.

Considering the aforesaid report, Civil Judge (Senior Division), Court No.15, Sultanpur is directed to decide the application for recall of order dated 13.08.2021 on the next date fixed and to expedite hearing of execution case no.17 of 2019; Ramji Barnwal versus Mohd. Taki expeditiously without granting any undue adjournments to either parties.

Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/suit.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 3.5.2023

Subodh/-