Smt. Sunita Sonkar Since Deceased And ... vs State Of Up And 3 Others
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Allahabad High Court

Smt. Sunita Sonkar Since Deceased And ... vs State Of Up And 3 Others on 8 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175585
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 13113 of 2024
 

 
Petitioner :- Smt. Sunita Sonkar Since Deceased And Another
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Pankaj Kumar Shukla,Ramesh Chandra Agrahari
 
Counsel for Respondent :- Avadhesh Narayan Dubey,C.S.C.,Harsh Vardhan Gupta,Vijay Bahadur Maurya
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. This writ petition has been filed with the following prayer;

"Issue a suitable order or direction to direct the learned court below i.e. court of Additional Civil Judge (Junior Division)-5, Allahabad to decide the Execution Case no. 01 of 2014 (Smt. Sunita Sonkar and another Vs. State of U.P. and others), within an stipulated period, which is pending before him since 2014."

2. It is contended by learned counsel for petitioner that the suit filed by plaintiff petitioner was decreed by the judgment dated 26.09.2013. Against the said judgment, an appeal was preferred by respondent no. 3, Executive Engineer, Electricity Transmission Division-2, U.P. Power Corporation, Tagore Town, Prayagraj being Civil Appeal No. 253 of 2023, which was dismissed for want of prosecution on 02.11.2021. Petitioner had filed Execution Case No. 01 of 2014, which is pending consideration before the Additional Civil Judge (Junior Division), Court No. 5, Prayagraj. The sole prayer made in the writ petition is for expeditious disposal of the said execution case.

3. Sri Ram Ji Mishra, Advocate, holding brief of Sri Pankaj Kumar Shukla, Advocate, has put in appearance on behalf of respondent no. 3. When the Court asked him as to the status of appeal, he states that he is not aware of the said fact and information has been sought from the office of respondent no. 3.

4. From perusal of record, it transpires that notice of present case was given to counsel for respondent no. 3 on 24.09.2024 and about two months have elapsed but learned counsel could not get the instructions from his client. It is a local matter and instructions was to be sought from the office of respondent no. 3. This Court finds that the approach of counsel appearing for respondent no. 3 is very casual as the electricity department being a semi government organization, the counsel are taking brief casually and they are not serious. In the present case, in spite of two months being elapsed the instructions have not come till date.

5. Looking into the facts of the case, this Court directs the Additional Civil Judge (Junior Division), Court No. 5, Prayagraj to expedite the Execution Case No. 01 of 2014 and decide the same, 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, without granting any adjournment to either of the party.

6. With the aforesaid directions, writ petition stands disposed off.

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

8. The Court concerned shall intimate the Registrar (Compliance) of this Court about compliance of this order.

Order Date :- 8.11.2024

Shekhar