Saraswati Devi And 2 Others vs Roomal
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Allahabad High Court

Saraswati Devi And 2 Others vs Roomal on 5 February, 2024

Author: Ashutosh Srivastava

Bench: Ashutosh Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:20330
 
Court No. - 50
 
Case :- MATTERS UNDER ARTICLE 227 No. - 470 of 2024
 
Petitioner :- Saraswati Devi And 2 Others
 
Respondent :- Roomal
 
Counsel for Petitioner :- Tarun Kumar Sharma,Satyendra Narayan Singh
 
Hon'ble Ashutosh Srivastava,J.
 

1. Heard Shri Tarun Kumar Sharma, learned counsel for the petitioners.

2. Considering the nature of the order proposed to be passed notice upon the private respondent is hereby dispensed with.

3. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the court i.e. Small Causes Court/ (J.S.C.C.), Ghaziabad, to decide the Execution Case No. 20 of 2019 (Smt. Saraswati Devi vs. Roomal), within the time frame fixed by this Court.

4. Learned counsel for the petitioner submits that the Execution case is pending consideration since the year 2019, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Court below, to conclude and decide the Execution case, within the time frame fixed by this Court.

5. Having heard learned Counsel for the petitioners and having perused the record, this Court is of the opinion that the proceedings of execution case is liable to be expedited in view of the judgment of the Apex Court in the case of Rahul S. Shah Vs. Jitendra Kumar Gandhi and others, (2021) 6 SCC 418, wherein the Apex Court has clearly laid down that execution proceedings should be brought to its logical end within 6 months from the date filing which may be extended only by recording reasons in writing for such delay.

6. In such view of the matter, this petition is disposed of requiring the Court i.e. Small Causes Court/J.S.C.C., Ghaziabad, seized with Execution Case No. 20 of 2019 (Smt. Saraswati Devi vs. Roomal) to conclude and decide the case expeditiously preferably within a period of two months, from the date of production of certified copy of order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties, if there is no other legal impediment.

Order Date :- 5.2.2024/v.k.updh.