Kiranpal vs Gajendra
2024 Latest Caselaw 19839 ALL

Allahabad High Court

Kiranpal vs Gajendra on 29 May, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:97530
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7009 of 2024
 

 
Petitioner :- Kiranpal
 
Respondent :- Gajendra
 
Counsel for Petitioner :- Abhijeet Mishra,Nipun Singh
 

 
Hon'ble Ajit Kumar,J.
 

1. Heard Sri Nipun Singh as well as Sri Abhijeet Mishra, learned counsel for the petitioner. Perused the record.

2. Petitioner before this Court wants expeditious disposal of his execution case no.28 of 2023 (Kiranpal v. Gajendra) which is pending consideration before the executing court pursuant to the decree passed for specific performance of contract.

3. It is submitted that the decree was passed on merits after hearing the parties to the suit. However in the execution case in question, the judgment debtor has not put in appearance. Learned counsel has brought ordersheet on record which demonstrates that service of summons/notice upon the judgment debtor has been held to be sufficient under the order passed by the executing court on 06.03.2024.

4. In the given facts and circumstances, this petition stands disposed of with direction that at the first instance the executing court shall take recourse to the substituted service through publication in a scheduled newspaper of the judgeship concerned within a period of one month of production of certified copy of this order.

5. Soon after publication, on the date fixed by the executive court it will record its satisfaction afresh regarding service. In the event judgment debtor-opposite party appears, the court shall entertain his appearance and if any objection is filed, the same shall be considered and disposed of first within a further period of two months and thereafter, the execution case will be disposed of.

6. If the judgment debtor-opposite party does not appear, the executing court shall proceed to decide the execution case finally within a period of two months of recording of satisfaction of substituted service.

7. With the aforesaid observations and directions, this petition stands disposed of.

Order Date :- 29.5.2024

Deepika