Sitaram Verma vs Smt Pushpa Devi Jain And 6 Others
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Allahabad High Court

Sitaram Verma vs Smt Pushpa Devi Jain And 6 Others on 20 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90450
 
Court No. - 50
 

 
Case :- WRIT - A No. - 2768 of 2024
 

 
Petitioner :- Sitaram Verma
 
Respondent :- Smt Pushpa Devi Jain And 6 Others
 
Counsel for Petitioner :- Anand Prakash Srivastava,Rajiv Gaur
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard learned counsel for the petitioner.

2. Present petition has been filed with the following prayer:

"I- issue a writ, order or direction in nature of mandamus directing and commanding the executing court to decide Review Petition No. 23 of 2023 (Sitaram Verma Vs. Roopchand Jain) pending in Execution Case No. 2 of 1996 well within reasonable time to which this Hon'ble Court may deem fit and proper in the interest of justice treating that order dated 06.01.2023 has never been passed by executing court in accordance with law and Execution case no. 2 of 1996 (Smt. Pushpa Devi Vs. Roop Chand Jain) for full compliance of judgment and decree dated 10.05.1995 has to be decided on merits in accordance with law."

3. Learned counsel for petitioner submitted that petitioner has filed Review Petition No. 23 of 2023 (Sitaram Verma Vs. Roopchand Jain) in Execution Case No. 2 of 1996 before the Additional District Judge, Court No. 10, Agra, which is pending since 2023. Therefore, a direction may be issued to Additional District Judge, Court No. 10, Agra to decide the aforesaid review petition at the earliest.

4. I have considered the submission made by learned counsel for the petitioner and perused the record.

5. In view of facts and circumstances of the case, present petition is disposed of with direction to Additional District Judge, Court No. 10, Agra to decide the Review Petition No. 23 of 2023 (Sitaram Verma Vs. Roopchand Jain) in Execution Case No. 2 of 1996 in accordance with law, maximum within a period of six months from the date of production of certified copy of this order after providing opportunity of hearing to all concerned and without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment. In case, adjournment is granted, Court shall record reasons for adjournment and shall impose cost, if required.

Order Date :- 20.5.2024

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