Sayyed Farooq Ahmad vs Ram Dheeraj And 12 Others
2023 Latest Caselaw 15386 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33774
 
Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2505 of 2023
 
Petitioner :- Sayyed Farooq Ahmad
 
Respondent :- Ram Dheeraj And 12 Others
 
Counsel for Petitioner :- In Person
 

 
Hon'ble Manish Mathur,J.

Heard petitioner in person.

In view of order being proposed to be passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of execution case no.1 of 2014 instituted by predecessor-in-interest of petitioner.

Petitioner in person submits that initially a suit bearing no.45 of 1973 for recovery of possession had been filed against predecessor-in-interest of opposite parties no.2 to 5 which was dismissed on 17.11.1982 but first appeal there against was allowed on 19.10.1985 where against second appeal no.607 of 1985 was filed and was dismissed in default of appearance on 08.01.2007 whereafter the recall application was filed but due to steps not being taken, the said application was also dismissed for non-prosecution on 07.11.2008. It is submitted that the said order has become final since no recall application has been filed till date. It is further submitted that due to the said facts, the aforesaid execution application has been filed in which despite service of notice, the judgment debtor is not putting in appearance and only general dates are being allocated in the aforesaid case despite passing of nine years and as such expedite orders are required to be passed.

Considering submissions advanced by petitioner in person, Civil Judge (Senior Division),(FTC), Court No.38, Barabanki is directed to obtain office report regarding service of notice upon judgment debtor and in case it comes to a conclusion that the judgment debtors are deliberately avoiding appearance in the execution, ex parte proceedings may be drawn against them. The Court concerned is also directed to expedite hearing of execution case no.1 of 2014; Mateen Ahmad versus Hnoman Prasad and to conclude the same expeditiously, preferably within a period of ten months from the date a certified copy of this order is brought on record of proceedings and in case there is no other legal impediment.

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 :- 16.5.2023

Subodh/-