The Court disposed of a writ petition seeking a mandamus to direct the District Magistrate and executing court to expedite the execution of a decree in a partition suit, issuing directions to the third respondent.
Directed the third respondent to ensure expeditious execution of the decree and ascertain its operative status and absence of stay.
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Court No. - 40
Case :- WRIT - C No. - 27296 of 2021
Petitioner :- Gajendra Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Ram Manohar Mishra,Smt. Ushma Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The instant petition has been filed praying for a mandamus commanding District Magistrate, Aligarh to direct Tehsildar, Tehsil Khair, district Aligarh (respondent no. 12) to take effective steps to execute a decree passed in partition suit under Section 176 of U.P.Z.A. & L.R. Act.
On the last date, this Court directed learned Standing Counsel to obtain instructions as to why decree is not being executed.
Learned Standing Counsel states that despite due intimation, instructions have not been received so far.
Having regard to the nature of direction which is sought in the instant petition, we are of the opinion that no useful purpose will be served in adjourning the matter to facilitate learned Standing Counsel to obtain instructions in the matter, inasmuch as, a direction to the executing court to execute the decree expeditiously will subserve the ends of justice.
Accordingly, we direct the third respondent which has passed the decree and before whom execution is pending, to ensure that the proceedings are taken to its logical end in accordance with law, expeditiously.
It goes without saying that before executing the decree, the third respondent will ascertain whether the decree is still operative or not and whether or not there is any stay against it.
The petition stands disposed of accordingly.
(Dr. Y.K. Srivastava, J.) (Manoj Kumar Gupta, J.)
Order Date :- 10.1.2022 Jaideep/-
2 issues framed by the court
Whether a direction to execute a partition suit decree expeditiously serves the ends of justice.
Whether the executing court must ascertain the operative status of the decree before execution.
1 provisions across 1 enactments
Gajendra Singh
State Of U.P.
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
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