The High Court dismissed a petition under Article 226 seeking an order for the expeditious disposal of an execution case, finding no sufficient ground to issue a direction.
Direction for expeditious disposal of Execution Case No.08 of 2017 dismissed.
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Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 4939 of 2019
Petitioner :- Ranvir Singh Rawat Respondent :- Additional Civil Judge And 2 Others Counsel for Petitioner :- Prashant Kumar Mishra Counsel for Respondent :- Ratan Deep Mishra
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner.
This petition has been filed for a direction to the court below to decide expeditiously the Execution Case No.08 of 2017 (Ranvir Singh Rawat vs. Akhtar Singh). The aforesaid execution case has been filed on the basis of ex parte judgment dated 29.09.2016 in O.S. No.189 of 2007 {Abid Ali (1/1 Ranvir Singh Rawat and 1/2 Anil Shankhdhar) vs. Mukhtar, Nagar Nigam, Moradabad and Nagar Ayukt, Moradabad} passed by the Additional Civil Judge (Senior Division), Court No.1, Moradabad. By the aforesaid judgment, the main relief sought by the petitioner for cancellation of free-hold lease dated 29.03.2003 in favour of the Nagar Nigam, was not granted. The execution case is pending before the court below.
Considering the facts and circumstances of the case, I do not find any good reason to issue any direction for expeditious disposal of the aforesaid execution case. The petition is, therefore, dismissed.
Order Date :- 1.7.2019 NLY
Ranvir Singh Rawat
Additional Civil Judge And 2 Others
Surya Prakash Kesarwani
As recorded by the court registry
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