Allowed

Satish Swaroop v. Civil Judge (Senior Division) Kannauj and Another

Allahabad HC7 May 2018A227/3210/2018

Case brief

AI extract

What is this about?

Petitioner sought a direction under Article 227 for the Civil Judge, Kannauj, to decide an execution case within a fixed time. The Court noted prolonged delays and non-compliance with a prior writ order, directing disposal within one month.

What did the court decide?

Direction to the Executing Court to decide the execution proceedings within one month from the date of producing a certified copy of this order.

Satish Swaroop Vs Civil Judge (Senior Division)… — Execution and Attachment | Allahabad HC (2018)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 3210 of 2018

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Petitioner :- Satish Swaroop Respondent :- Civil Judge (Senior Division) Kannauj And Another Counsel for Petitioner :- Prashant Saxena

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Hon'ble Mrs. Sangeeta Chandra,J.

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This petition has been filed praying for issuance of a direction to the learned Civil Judge (Senior Division), Kannauj to decide the Execution Case No. 5 of 2013 (Satish Swaroop vs Ram Shanker) with a stipulated time frame as provided by this Court.

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Learned counsel for the petitioner states that the Execution Case was filed by the landlord in 2013 for execution of judgment and order dated 19.01.2013 passed by the Prescribed Authority/Civil Judge, (Senior Division), Kannauj in P.A. Case No. 04 of 2004 (Satish Swaroop vs Ram Shanker). The tenant filed a Writ Petition No. 50646 of 2015, which was decided by this Court on 07.09.2015 with a direction to the tenant to vacate the shop in question within nine months from the date of judgment. Even the judgment of this Court delivered on 07.09.2015 in Writ A No. 50646 of 2015 is not being complied with and the Execution Case is being adjourned on one ground or the other by learned court below.

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I have gone through the order sheet filed by the landlord, it appears that earlier several dates were fixed for disposal of application No. 13 EC 2 and for the past more than two years several orders have been passed without even effectively disposing of application No. 13 EC 2 by the Executing Court. The last date fixed was 28.04.2018.

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This Court sees no reason for Executing Court to delay the matter at the behest of the tenant when there is decree in favour of the landlord and also observation of this Court as aforesaid on 07.09.2015 for vacation of the house in question by the tenant within a period of nine months from the date of the said order.

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Accordingly, this petition is disposed of with a direction to the Executing Court to decide the execution proceedings within a period of one month from the date a certified copy of this order is produced before him.

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Order Date :- 7.5.2018 Sazia

Satish Swaroop v. Civil Judge (Senior Division) Kannauj and Another

Case brief

What is this about?

What did the court decide?

Satish Swaroop v. Civil Judge (Senior Division) Kannauj and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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