In a writ petition under Article 227 seeking expedited disposal of an execution case, the High Court directed the lower court to decide Execution Case No. 4 of 2018 strictly in law within six months, emphasizing full hearing to parties.
Direction to decide Execution Case No. 4 of 2018 within six months of production of order copy.
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Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 303 of 2023
Petitioner :- Sipahi Ram Respondent :- Lallan Chaubey Counsel for Petitioner :- Dewesh Kumar Tiwari
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and perused the record.
By means of this petition filed under Article 227 of the Constitution, the petitioner has prayed for expeditious disposal of the Execution Case No.- 4 of 2018, pending before the court of Civil Judge (S.D.)/ F.T.C., Ballia.
It is submitted by learned counsel for the petitioner that no objection under Section 47 of Code of Civil Procedure, 1908 has been filed in pending Execution Case No.- 4 of 2019 till date by the judgment debtor or by any third party.
In the circumstances, this petition stands disposed of with a direction to the court concerned to decide pending Execution Case No.- 4 of 2018, strictly in accordance with law and after giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of six months from the date of production of copy of this order.
It is clarified that in the event, this order could not be carried out within the time frame fixed, for any technical reason, then for such delay in disposal of the suit and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with any personal liability of contempt.
Order Date :- 30.1.2023 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the execution case should be disposed of expeditiously under Article 227.
Whether the filing of Section 47 objections delayed the execution proceedings.
2 provisions across 2 enactments
Sipahi Ram
Lallan Chaubey
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
