Shivmilan @ Shivmilan Mishra vs Court Of Civil Judge (J.D.) Court No. 24, ...
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Allahabad High Court

Shivmilan @ Shivmilan Mishra vs Court Of Civil Judge (J.D.) Court No. 24, ... on 6 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:35001
 
Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3664 of 2025
 

 
Petitioner :- Shivmilan @ Shivmilan Mishra
 
Respondent :- Court Of Civil Judge (J.D.) Court No. 24, Haidargarh, Dist. Barabanki And Another
 
Counsel for Petitioner :- Ankit Gupta,Ankita Gupta
 

 
Hon'ble Manjive Shukla,J.
 

1. Heard Sri Ankit Gupta, learned counsel appearing for the petitioner.

2. The instant petition under Article 227 of the Constitution of India has been filed, seeking following relief :-

"The opposite party no.1 i.e. The Court of Civil Judge (J.D) Court no. 24, Haidargarh, District-Barabanki to decide the execution application case no. 001 of 2018 (Shivmilan Vs Rammilan) under order XXI Rule 10 filed by petitioner for execution of decree dated 12.11.2016 passed in regular suit no. 282 of 2014 (Shivmilan Mishra Vs Rammilan Mishra) preferable within a period of two weeks."

3. It transpires from Page No. 10 of this petition that the petitioner had already approached this Court by filing a Petition under Article 227 No. 5870 of 2023 (Shivmilan @ Shivmilan Mishra Vs The Court of Civil Judge (J.D.) Court No. 24, Haidargarh, Barabanki & Anr.) and this Court had passed an order on 17.11.2023 in following terms :-

"Sri Ankit Gupta, learned counsel for the petitioner submits that the petitioner has filed Execution Case No.001 of 2018(Shivmilan versus Rammilan) for execution of the judgment and decree dated 12.11.2016 passed in Regular Suit No.282 of 2016, which is pending in the Court of Civil Judge(J.D.) Court No.24, Haidergarh, District Barabanki but the execution case has not been disposed of till date despite the directions issued by the Hon'ble Supreme Court for disposal of the execution case within six months.

Considering the order proposed to be passed, requirement of issuance of notice to the opposite party no.2 is dispensed with. Opposite party no.1 is the court concerned.

In view of above, without entering into the merits of the case, the petition is disposed of with liberty to the petitioner to move appropriate application for expeditious disposal of the execution case before the concerned court. In case any such application is moved within a period of one week from today, the same shall be considered and disposed of by the concerned court within two weeks thereafter and proceed accordingly as per law."

4. Once, the petitioner had already approached this Court, for the same relief second petition under Article 227 of the Constitution of India is not maintainable.

5. In view of the aforesaid reasons, this petition is dismissed.

Order Date :- 6.6.2025

Gaurav