Disposed¶17

Musheer Alam Jahangir v. Gopal Prasad Mali

Jharkhand HC4 Feb 2025C.M.P./481/2023

Case brief

AI extract

What is this about?

Jharkhand High Court, Ranchi; C.M.P. No. 481 of 2023; Article 227 Constitution of India; expedition/speedy disposal of execution proceedings; Execution Case No. 674 of 2014; Civil Judge (Junior Division)-I, Dhanbad; time-bound schedule for case disposal; Bar Association, Allahabad v. State of Uttar Pradesh (2024) 6 SCC 267 para 47.3; Sanjay Kumar Dwivedi, J.; disposed 04/02/2025.

What did the court decide?

Liberty to the petitioner to take all endeavours for early disposal of Execution Case No. 674 of 2014 pending before the Civil Judge (Junior Division)-I, Dhanbad. ¶17

Musheer Alam Jahangir Vs Gopal Prasad Mali — Writ and Judicial Review | Jharkhand HC (2025)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 481 of 2023

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Musheer Alam Jahangir, aged about 44 years, son of late Mashhood Alam, resident of Lindsay Market, Main Road, Purana Bazar, Bank More, P.O. Dhanbad, P.S. Bank More, District-Dhanbad

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………………….Petitioner

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… Versus….

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Gopal Prasad Mali, son of late Fakira Modi, resident of Ganja Gali, Lindsay Market, Main Road, Purana Bazar, Bank More, P.O. Dhanbad, P.S. Bank More, District-Dhanbad …… Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. A.K. Sahani, Advocate For the Opp. Parties :

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………. 05/Dated: 04/02/2025

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Heard learned counsel for the petitioner.

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This petition has been filed under Article 227 of Constitution of India for direction upon the learned Civil Judge (Junior Division)-I, at Dhanbad to expedite disposal of Execution Case No. 674 of 2014 pending in that Court.

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Mr. A.K. Sahani, learned counsel for the petitioner submits that appropriate direction may kindly be issued for early disposal of the said case.

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From the entire documents annexed with the petition did not disclose how the learned court is in fault of not disposing of the said execution case earlier. It is for the parties to take endeavor to assist the Court for early disposal, that is not disclosed in the petition.

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In para 47.3 of the decision of the Constitution Bench in the case of

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“ Bar Association, Allahabad Vs. State of Uttar Pradesh and others”

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reported in (2024) 6 SCC 267 it has been held that Constitutional Courts in the ordinary course should refrain from fixing a time bound schedule for the disposal of the cases pending before any other courts. It is for the concerned courts to prioritize the cases for early disposal.

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In view of above no positive order can be passed. Accordingly, this petition is disposed of with liberty to the petitioner to take all the endeavours for early disposal of the said case.

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( Sanjay Kumar Dwivedi, J.)

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Satyarthi/-

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Musheer Alam Jahangir v. Gopal Prasad Mali

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Musheer Alam Jahangir v. Gopal Prasad Mali

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