Under Article 227, the petitioner sought direction for implementation of a 1973 civil decree. The Court held it is not a court of execution and the writ petition is not maintainable for that purpose. It was dismissed as misconceived.
No relief granted; petition dismissed as not maintainable under Article 227.
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Neutral Citation No. - 2024:AHC:178029
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 12568 of 2024
Petitioner :- Ram Adhar Deceased And 2 Others Respondent :- Manni Lal Deceased And 4 Others Counsel for Petitioner :- Rachna Dubey
Hon'ble Rohit Ranjan Agarwal,J.
This writ petition has been filed with the following prayer:-
"It is, therefore most respectfully prayed that Hon'ble Court may graciously be pleased to allow the instant misc. petition (civil) of the petitioners and pass a suitable order or direction in suitable nature, and directing the learned 1st Additional Munsif Kannauj to get implemented his Judgment & Decree dated 31.07.1973, passed in Original Suit No.335/1969 (Ram Adhar Versus Manni Lal And Others), in the interest of justice."
The prayer made in the writ petition cannot be granted as the judgment and decree is dated 31.07.1973 passed in Original Suit No. 335 of 1969.
This Court is not a court of execution. The petition filed under Article 227 of Constitution is not maintainable.
The petition is misconceived and stands dismissed.
Order Date :- 13.11.2024 V.S.Singh
Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can exercise jurisdiction under Article 227 to direct implementation of a 1973 judgment.
1 provisions across 1 enactments
Ram Adhar Deceased And 2 Others
Manni Lal Deceased And 4 Others
Rohit Ranjan Agarwal
Vidya Sagar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
