Disposed

Sitaram v. Mithai Lal and 3 Others

Allahabad HC18 Feb 2025A227/1277/2025

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a decree-holder seeking expedited disposal of a pending execution case. The court directed the executing court to conclude the proceedings within four months after hearing all parties, without adjudicating the matter on merits.

What did the court decide?

Direction to executing court to decide Execution Case No. 4 of 2014 within four months after hearing all affected parties.

Sitaram vs Mithai Lal and 3 Others — Public Procurement and Tenders | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:23219

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 1277 of 2025

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Petitioner :- Sitaram Respondent :- Mithai Lal And 3 Others Counsel for Petitioner :- Achintya Kumar,Komal Mehrotra

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Hon'ble Rohit Ranjan Agarwal,J.

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This is a petition on behalf of plaintiff-decree holder.

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An Original Suit No. 779 of 1987 was filed by petitioner which was decreed on 04.10.1993. Against the judgment and decree of trial court, defendants- judgment debtor filed civil appeal which was dismissed on 09.01.2001 against which a second appeal was preferred before this Court which was dismissed on 27.05.2013. Today, a supplementary affidavit has been filed which is on record, in which para no. 3, it has been stated that to the best of the knowledge of the petitioner-decree holder, no special leave petition has been preferred by judgment debtor before Hon'ble Apex Court nor any notice has been issued or served upon the petitioner. Execution proceedings were initiated by decree holder in the year 2014 which was registered as Execution Case No. 4 of 2014 which is pending consideration. The sole prayer made is for expeditious disposal of the Execution Case No. 4 of 2014.

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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 executing court to decide the Execution Case No. 4 of 2014, in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order.

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With the aforesaid directions, writ petition stands disposed of.

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It is made clear that this Court has not adjudicated the matter on merits.

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Order Date :- 18.2.2025 V.S.Singh

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

Sitaram v. Mithai Lal and 3 Others

Case brief

What is this about?

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Sitaram v. Mithai Lal and 3 Others

Case brief

What is this about?

What did the court decide?

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