Disposed

Sharad Kumar Gupta(Died) and 4 Others v. Anil Sharma

Allahabad HC17 May 2018A227/3454/2018

Case brief

AI extract

What is this about?

This Habeas Corpus/writ petition directed the landlord to proceed with execution proceedings despite pending revision by the tenant before the High Court. The court directed the executing court to adjourn no proceedings based solely on the revision's pendency unless an interim order is produced.

What did the court decide?

Directed the executing court to proceed and decide Execution Case No. 2/2017 expeditiously without being influenced by the pending SCC Revision unless an interim order is produced.

Sharad Kumar Gupta(Died) and 4 Others Vs Anil… — Execution and Attachment | Allahabad HC (2018)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 3454 of 2018

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Petitioner :- Sharad Kumar Gupta(Died) And 4 Others Respondent :- Anil Sharma Counsel for Petitioner :- Ram Kishor Gupta

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Hon'ble Mrs. Sangeeta Chandra,J.

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(ORAL)

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This writ petition has been filed by the landlordpetitioners saying that they had filed a SCC Suit No. 86 of 2013, which was decreed by a judgment and order dated 27.05.2017 and the tenant was directed to pay arrears of rent and damages and to vacate the disputed premises. The tenant filed a time barred SCC Revision No. 92 of 2017 with an application of condonation of delay before this Court. Only the delay has been condoned on 29.08.2017. No interim orders have been passed in the said revision and it has been repeatedly adjourned on the request of learned counsel for the revisionist.

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Learned counsel for the petitioners has produced the copies of the orders passed in the SCC Revision (Defective) No. 92 of 2017 dated 08.08.2017, 29.08.2017, 04.09.2017 and 12.09.2017. It appears that no effective orders have been passed in the said Revision till date.

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Learned counsel for the petitioners says that only because the Revision is pending, the execution case filed by the landlord, namely, Execution Case No. 2 of 2017 is not being proceeded with. The certified copy of the order sheet in the Execution Case w.e.f. 26.08.2017 to 19.04.2018 has been filed as annexure 6 to the petition, which shows that repeated adjournments are being sought. On one date i.e. 06.03.2018, the Executing Court, learned Additional District Judge, Court No. 7, Ghaziabad has observed that there is no interim order in the Revision said to be pending before the High Court, and since the Revision has been fixed

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for hearing on 04.12.2018, without there being any interim order, execution proceedings cannot be allowed to be adjourned. The Court has directed the matter to be listed on 26.03.2018 asking the judgment debtor to either produce interim order passed in the Revision or argue the matter on merits.

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Thereafter the matter has been listed twice, but on one occasion, the Advocates were abstaining from work and on the other occasion i.e. 19.04.2018, an adjournment application has been moved by the tenant.

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Learned counsel for the petitioners prays that this Court may direct the execution proceedings to go on and to direct the learned Additional District Judge, Court No. 7,Ghaziabad not to adjourn the proceedings only on the basis of the pendency of the SCC Revision.

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Accordingly, this petition is disposed of with a direction to the Executing Court to proceed in accordance with law and to decide the Execution Case, as expeditiously as possible, without being influenced by the SCC Revision pending before this Court, unless the tenant produces an interim order granted by this Court in the Revision.

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Order Date :- 17.5.2018 Sazia

Sharad Kumar Gupta(Died) and 4 Others v. Anil Sharma

Case brief

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Sharad Kumar Gupta(Died) and 4 Others v. Anil Sharma

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