Mirza Zafarul Hasan Beg vs Mirza Anwarul Hasan Beg @ Achchhu Beg and 4 Others

Neutral Citation No. - 2024:AHC:193949

Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 15517 of 2024

Petitioner :- Mirza Zafarul Hasan Beg Respondent :- Mirza Anwarul Hasan Beg @ Achchhu Beg And 4 Others

Hon'ble Rohit Ranjan Agarwal,J.

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This writ petition has been filed seeking a direction upon executing court to expedite Execution Case No. 94 of 2023.

It is contended by learned counsel for the petitioner that plaintiff-petitioner had instituted an Original Suit No. 1336 of 2017. By judgment and decree dated 28.07.2023, the suit was decreed in favour of plaintiff. Defendant preferred a Civil Appeal No. 115 of 2023 which was dismissed on 30.05.2024. Thereafter, a Second Appeal No. 739 of 2024 was filed which was dismissed on 11.11.2024. During the pendency of the appeal, an Execution Case No. 94 of 2023 was preferred which is pending consideration and sole prayer made in the writ petition is for expeditious disposal of the said execution case.

As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the Execution Case No. 94 of 2023, in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order.

Order Date :- 11.12.2024 V.S.Singh

Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad

Mirza Zafarul Hasan Beg v. Mirza Anwarul Hasan Beg @ Achchhu Beg and 4 Others