Smt. Rajeshwari And Another vs Shyam Lal Sharma And 2 Others
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Allahabad High Court

Smt. Rajeshwari And Another vs Shyam Lal Sharma And 2 Others on 6 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173765
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 13455 of 2024
 

 
Petitioner :- Smt. Rajeshwari And Another
 
Respondent :- Shyam Lal Sharma And 2 Others
 
Counsel for Petitioner :- Manish Dev
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. It is contended by learned counsel for the petitioners that the suit filed by the plaintiffs-petitioners being Original Suit No.269 of 2015 was decreed on 04.09.2023. An execution case No.30 of 2023 has been filed, which is pending consideration.

2. Today, through a supplementary affidavit, the petitioners have brought on record the fact that no appeal has been preferred by the defendants against the judgment and decree dated 04.09.2023 passed in Original Suit No.269 of 2015. However, he contends for recalling the ex parte judgment, a recall application alongwith application under Section 5 of Limitation Act has already been moved by the defendants.

3. After hearing the counsel for the parties, this Court finds that in case a direction is issued to the Court concerned to decide the execution case No.30 of 2023, it would complicate the matter further as the application for recall of the ex parte decree is pending along with application under Section 5 of Limitation Act.

4. Considering the facts of the case, this Court without issuing notice to the private respondents and calling for counter affidavit, directs the Court concerned to first proceed to decide the application filed for recall of ex parte decree along with application under Section 5 of the Limitation Act, expeditiously, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order. Once the application is decided, the Court concerned shall proceed with the execution case.

5. With the aforesaid directions, writ petition stands disposed of.

6. It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 6.11.2024

Kushal