Pramod Kumar vs Satish And Another
2023 Latest Caselaw 25840 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182590
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7206 of 2023
 

 
Petitioner :- Pramod Kumar
 
Respondent :- Satish And Another
 
Counsel for Petitioner :- Shyam Sunder,Ramesh Pundir
 

 
Hon'ble Jayant Banerji,J.

Heard Sri Shyam Sunder, learned counsel for the petitioner.

The array of parties of this petition is as under:-

"Pramod kumar son of Randheer Singh, resident of village- Gaindpur shekhpur, Pargana & Tehsil-Sikandraba, District Bulandshshar..........Petitioner-Plaintiff.

Versus.

1. Satish son of Shri of Albel Singh.

2. Kunwar Pal Singh son of late Lakhpat Singh.

Both are resident of village- Gaindpur shekhpur, Pargana & Tehsil-Sikandraba, District Bulandshshar...........Respondents.

This petition has been filed seeking the following relief:-

" It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and set aside the impugned judgment and order dated 31.5.2023 passed by the Civil Judge (Senior Division) Bulandshahar whereby dismissed the Execution Case ( Izra Case) No. 10 of 2012 in Original Suit No. 966 of 2004 Pramod Kumar Vs. Satish.

It is further prayed that the Civil Judge (Senior Division) Bulandshahar may kindly be directed to maintain status quo over the disputed property i.e. 231m, Rakba 0.844 Hect. during the pendency of the instant writ petition before this Hon'ble court so the justice may be done; otherwise the petitioner shall suffer irreparable loss and injury and/or pass such other and further order as this Hon'ble court may deem fit and proper under the facts and circumstances of the case."

When the matter was listed on 17.8.2023, the following order was passed:-

"The contention of the learned counsel for the petitioner is that by means of the impugned order dated 31.5.2023, the execution of the decree has been refused on the ground that the decree for specific performance was rendered in-executable in view of the acquisition of the land in question and an award having been made. It is stated by the learned counsel that several execution proceedings have been decided by a single order.

Though, this Court is, prima facie, not satisfied with the case of the petitioner, however, due to want of time, the case is adjourned to be listed again in the week commencing 4.9.2023 as fresh.

It is made clear that the case may be decided on that date."

Today, learned counsel for the petitioner states that he does not wish to press this petition.

The petition is, accordingly, dismissed as withdrawn.

Registrar (Compliance) is directed to send a copy of this order to the court concerned.

Order Date :- 21.9.2023

sfa/

(Jayant Banerji, J)