Disposed

Smt.Kiran Devi and 4 Others v. Anil Kumar and Another

Allahabad HC23 Nov 2021A227/6613/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court distinguished a relevant Division Bench precedent holding that courts cannot issue directions for expeditious hearing of suits. However, considering over eight years of delay in execution proceedings, the Court directed the lower court to conclude the execution case expeditiously within six months.

What did the court decide?

Directed the Court of Small Causes, Aligarh to conclude execution proceedings of SCC Case No. 11/2013 within six months.

Smt.Kiran Devi and 4 Others Vs Anil Kumar and… — Execution and Attachment | Allahabad HC (2021)

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Court No. - 4

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Case :- MATTERS UNDER ARTICLE 227 No. - 6613 of 2021

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Petitioner :- Smt.Kiran Devi And 4 Others Respondent :- Anil Kumar And Another Counsel for Petitioner :- Shekhar Gangal

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Shekhar Gangal, learned counsel for petitioners.

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This writ petition has been filed with the following prayer:-

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"(i) It is respectfully prayed that this Hon'ble court may graciously pleased to direct the Court of Small Causes Court (JSCC, Court) Aligarh to decide the SCC Execution Case No. 11/2013, (Smt. Kiran Devi Vs. Anil Kumar), expeditiously, preferably within a stipulated period."

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It is contended that S.C.C. Suit No. 67 of 2004 was filed wherein the court below had decreed the suit of petitioner on 31.07.2006 against the sole defendant-respondent. Execution proceedings were initiated in the year 2013 being S.C.C. Execution Case No. 11 of 2013 (Smt. Kiran Devi vs. Anil Kumar).

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The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) has held that no direction can be issued to the sub-ordinate courts for deciding the suit within stipulated period. Relevant portion of the judgment is extracted hereasunder:-

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"We are not inclined to issue a direction for the expeditious hearing of a Civil Suit which is pending before the Civil Judge (Junior Division), District-Azamgarh. It would be most inappropriate to Court to entertain a writ petition under Article 226 and/or under Article 227 of the Constitution simply for the purpose of expediting the hearing of a suit. Such orders, if granted, place a class of litigants, who move the court in a separate and preferential category whereas other cases which may be of similar or greater antiquity

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and urgency are left to be decided in the normal channel. Hence, any such direction may be issued with the greatest care and circumspection by the High Court otherwise the Civil Courts will be overburdened only with requests for expeditious disposal of suits, which have been expedited by the High Court. Most of the litigants cannot afford the expense of moving the High court and would not, therefore, be in a position to have the benefit of such an order.

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Ultimately, it must be left to the judicious exercise of discretion of the concerned Court to determine whether a ground for urgency has been made out. We emphasize that there may be other cases such as involving senior citizens, those who are differently abled or people suffering from a particular disablilty socio-economic or otherwise which may prime cause of urgent disposal. It is for the learned Trial Judge in each case to apply his or her mind and decide whether the hearing of the suit to be expedited.

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For these reasons, we are not inclined to entertain the petition. The petition is, accordingly, dismissed. There shall be no order as to cost."

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However, in view of fact that suit was decreed in the year 2006 and the execution proceedings are pending since 2013 and more than eight years have elapsed and the decree has not been executed till date, therefore, this Court directs the court below to expeditiously conclude the execution proceedings of S.C.C. Execution Case No. 11 of 2013 (Smt. Kiran Devi vs. Anil Kumar), strictly in accordance with law, after giving opportunity to the parties, preferably within next six months from the date of production of certified copy of this order.

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Writ petition stands disposed of.

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Order Date :- 23.11.2021 V.S.Singh

Smt.Kiran Devi and 4 Others v. Anil Kumar and Another

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Smt.Kiran Devi and 4 Others v. Anil Kumar and Another

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