Udaibhan vs Sattaar
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Allahabad High Court

Udaibhan vs Sattaar on 21 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:182131
 
Court No. - 9
 
Case :- MATTERS UNDER ARTICLE 227 No. - 14630 of 2024
 
Petitioner :- Udaibhan
 
Respondent :- Sattaar
 
Counsel for Petitioner :- Smriti Srivastava,Vinit Mishra
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

This writ petition has been filed with the following prayer:

"It is, therefore, most respectfully prayed that in view of the aforesaid facts and circumstances as detailed in the present petition, it is in the interest of justice that the Hon'ble Court may be pleased to direct the Additional Civil Judge (Junior Division), Court No. 20, District Deoria to decide the Execution Case No. 02 of 2013 (Udaibhan and Another v. Sattaar) (CNR Number UPDE060036112013), expeditiously within the stipulated period as the Hon'ble Court may be pleased to fix, otherwise the petitioner shall suffer irreparable loss and injury."

It is contended by learned counsel for the petitioner that the Original Suit No.;264 of 1998 was decreed vide judgment and order dated 01.8.2012. Against the said judgment, no appeal was preferred by the defendant-respondent. The said fact has been stated in para 7 of the writ petition. An execution case No.2 of 2013 was filed on 11.4.2013 which is remained pending for last more than 11 years. The sole prayer is for early disposal of the said execution case.

As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Additional Civil Judge (Junior Division), Court No.20, Deoria to decide the Execution Case No.02 of 2013 (Udaibhan and Another v. Sattaar) (CNR Number UPDE060036112013), in accordance with law, if there is no legal impediment, preferably within a period of four months from the date of production of certified copy of this order.

With the aforesaid direction, present writ petition stands disposed of.

It is made clear that this Court has not adjudicated the case on merit.

Order Date :- 21.11.2024

Kushal