Smt Neeraj Devi And Another vs Ashok Kumar Maurya And Another
2024 Latest Caselaw 15983 ALL

Allahabad High Court

Smt Neeraj Devi And Another vs Ashok Kumar Maurya And Another on 7 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:82177
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5372 of 2024
 

 
Petitioner :- Smt Neeraj Devi And Another
 
Respondent :- Ashok Kumar Maurya And Another
 
Counsel for Petitioner :- Rajeev Kumar Singh
 

 
Hon'ble Ajit Kumar,J.
 

By means of present petition filed under Article 227 of the Constitution, petitioner wants expeditious disposal of pending recall application being no. 289 of 2021, filedt under Order IX Rul 13 of the Code of Civil Procedure and he further prays that execution case no. 4 of 2021 may also be disposed of as matters have been clubbed together.

In view of above, this petition stands disposed of with direction to the court concerned to dispose of recall application no. 289 of 2021 within a period of three months from the date of production of certified copy of this order after giving full opportunity of hearing to the parties. The court will as per result of the judgment passed in recall application, will proceed to decide the execution case as expeditiously as possible preferably within a period of two months thereafter.

It is, however, clarified that in the event trial court is not able to decide the suit for any technical reason, such delay in disposal of the suit and pendency thereof shall ordinarily not be a ground sufficient enough to fasten the officer concerned with any personal liability of contempt.

Order Date :- 7.5.2024

Sanjeev