Dismissed

Ramesh Chandra Agarwal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Allahabad HC10 Apr 2024A227/1544/2024

Case brief

AI extract

What is this about?

In this writ petition under Article 227, the petitioner sought direction to expedite an execution case pending since 2017 arising from suit proceedings commenced in 1967. The High Court granted liberty to move an application before the trial court detailing the urgency, with a view to expediting the disposal.

What did the court decide?

Liberty granted to move a detailing application before the trial court within two weeks for urgent disposal of the execution proceedings.

Ramesh Chandra Agarwal vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:29273

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1544 of 2024

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Petitioner :- Ramesh Chandra Agarwal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Suresh Kumar Upadhyay Counsel for Respondent :- C.S.C.

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Hon'ble Alok Mathur,J.

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Supplementary affidavit filed today in Court is taken on record.

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Heard Shri Ashutosh Pandey, along with Shri Suresh Kumar Upadhyay, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the State and perused the material available on record.

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By means of the present writ petition under Article 227 of the Constitution of India, the petitioner has prayed for a direction to the Civil Judge (Senior Division), Room No. 15, Sultanpur to consider and decide the Execution Case No. 9 of 2017 (Lala Ram Narain Vs. Bhagauti Singh) arising out of Original Suit No. 17 of 1966 expeditiously.

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It has been submitted by learned counsel for petitioner that suit proceedings were initiated by one Lala Ram Narain for cancellation of the sale deed. The said suit was decreed on 09.05.1968, against which, an appeal was filed, which was dismissed on 30.11.1974 and the judgment of the trial court was confirmed. It has further been submitted that a second appeal in this regard being Second Appeal No. 392 of 1976 was also dismissed in 2010 for want of prosecution and even the restoration application was also rejected in 2013.

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It is in the aforesaid circumstances, it has been submitted that

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the litigation is pending since 1967 and execution case is pending since 2017, which requires to be expedited.

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In the aforesaid facts, limited interference is called for considering the fact that the suit proceedings are pending for the last 50 years. A liberty is granted to the petitioner to move appropriate application before the trial court, before whom, the execution case is pending detailing the urgency along with application for expeditious disposal of the execution proceedings. In case such an application is moved in next two weeks, the trial court shall consider and pass appropriate orders thereon and in case, he is of the view that the matter requires to be disposed of urgently, he shall accordingly proceed and conclude the execution proceedings expeditiously.

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With the aforesaid directions/observations, this petition is disposed of.

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(Alok Mathur, J.)

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Order Date :- 10.4.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Chandra Agarwal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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Ramesh Chandra Agarwal v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Case brief

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