Sushil Devi vs State Of U.P. And 5 Others
2023 Latest Caselaw 16648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:115590
 
Court No. - 52
 

 
Case :- WRIT - C No. - 17967 of 2023
 

 
Petitioner :- Sushil Devi
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Rahul Kumar Tyagi
 
Counsel for Respondent :- C.S.C.,Pankaj Srivastava
 

 
Hon'ble Kshitij Shailendra,J.

1. Contention of the learned counsel for the petitioner is that preliminary decree for division of holdings was passed on 18.03.2014 and final decree was prepared on 05.05.2014 pursuant to an order passed on 29.04.2014.

2. Learned counsel submits that the aforesaid decree has become final and for execution of the same, an application dated 09.08.2022 has been moved in consonance with Chapter 5, para 136 of U.P. Revenue Code Manual read with Order XXI Rule 10 of CPC, however the decree is not being executed.

3. Learned Standing Counsel as well as Ms. Archana Srivastava, learned counsel for the Nagar Nigam have no objection with regard to the prayer made for execution of the decree. However, they submit that before finalizing the proceedings, the court should examine as to whether the decree has or has not been stayed or modified in any subsequent proceedings.

4. Considering the facts and circumstances of the case, this petition is disposed of directing the executing court to execute the aforesaid decree pursuant to the aforesaid application dated 09.08.2022 in accordance with law, after giving full opportunity of hearing to the decree holder as well as judgment debtor within a period of four weeks from the date a certified copy of this order is produced before the court concerned.

Order Date :- 24.5.2023

AKShukla/-