Allowed

Pandit Neelkanth Trust v. Satya Narayan Tiwari

Allahabad HC21 Jan 2022A227/7892/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the High Court directed the Civil Judge, Etawah, to hear and dispose of the execution case on a day-to-day basis within two months from a specified date, emphasizing the need for timely adjudication and proper opportunity for hearing to both parties.

What did the court decide?

Directive to the executing court to hear the execution case on a day-to-day basis and dispose of it within two months from 07.02.2022.

Pandit Neelkanth Trust Vs Satya Narayan Tiwari — Execution and Attachment | Allahabad HC (2022)

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Court No. - 70

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Case :- MATTERS UNDER ARTICLE 227 No. - 7892 of 2021

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Petitioner :- Pandit Neelkanth Trust Respondent :- Satya Narayan Tiwari Counsel for Petitioner :- Anil Kumar Sharma,Kapil Kumar

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Hon'ble J.J. Munir,J.

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This petition has been filed seeking a direction to the learned Civil Judge (Junior Division), Etawah to expedite the hearing of Execution Case No. 1 of 2013, Pandit Neelkanth Trust vs. Satya Narayan Tiwari, and order it to be decided within some reasonable period of time.

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This Court had called for a report from the Executing Court vide order dated 04.01.2022. In response thereto, the Civil Judge (Junior Division), Etawah has submitted a report dated 10.01.2022, wherein amongst other things, the learned Judge has reported that after a certain point of time, on account of the decree-holder's absence or the learned counsel appearing for him not pursuing the execution, appropriate orders could not be passed.

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Taking note of the aforesaid report, this Court by a subsequent order dated 11.01.2022, apart from saying that the execution cannot linger on, even if that be on account of COVID-19 proliferation, asked for a report form the learned counsel appearing on behalf of the decree-holder in the Executing Court, indicating why he is not appearing on the dates fixed before the Court. The order dated 11.1.2022 was required to be served upon learned counsel appearing on behalf of the decree-holder before it by the Executing Court and the Executing Court was required to submit a further report. In compliance with the order dated

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11.01.2022, the learned Civil Judge (Junior Division), Etawah has submitted a further report dated 17.01.2022.

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A perusal of the report shows that the next date fixed is 07.02.2022. This Court is not impressed to note that long dates have been fixed in an execution matter, where the judgment-debtor appears to be in delaying the execution proceedings. A copy of the affidavit of Mr. Suresh Chandra Pal, Advocate appearing for the judgment-debtor has been enclosed by the learned Judge. A perusal of the said affidavit, submitted by Mr. Pal, shows that he is dutifully pursuing the execution, which this Court trusts that he will do in future, as well.

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A perusal of the affidavit filed by the learned counsel shows that there is no stay or other impediment to the execution of the decree and the decree has attained finality. There are some objection under Section 47 C.P.C. pending.

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Looking to the nature of the order that this Court proposes to pass, issue of notice to the private respondent is dispensed with. However, in case the said respondent feels aggrieved, it will be open to him to make an application in the decided petition.

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The Executing Court is directed to proceed with the execution case on or after 07.02.2022, which is the next date fixed, on a day to day basis and dispose of the same, after affording reasonable opportunity of being heard to both the decree-holder and the judgment-debtor. This does not mean that unnecessary adjournment would be granted to either party. Even if the case is adjourned on a particular date, it shall be taken up on the following day. The

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execution case shall be disposed of within a period of two months from 07.02.2022, in accordance with law, as indicated hereinabove .

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This petition is disposed of in terms of the aforesaid direction.

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Let this order be communicated to the Civil Judge(Junior Division), Etawah through the learned District Judge, Etawah by the Registrar (Compliance) by Monday.

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Order Date :- 21.1.2022 Deepak

Pandit Neelkanth Trust v. Satya Narayan Tiwari

Case brief

What is this about?

What did the court decide?

Pandit Neelkanth Trust v. Satya Narayan Tiwari

Case brief

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What did the court decide?

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