HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11952 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed challenging the order dated 26.8.2025 by which dakhal parwana has been issued in execution of a decree dated 21.4.2022. 3. Contention of learned counsel for the petitioner is that in execution of the judgment and decree dated 21.04.2022, petitioner filed objections under Order 21 Rule 97 CPC claiming independent rights. The said objections were rejected by the Executing Court. Against an order rejecting the objections of the petitioner under Order 21 Rule 97 CPC, petitioner preferred an appeal and the appeal has been admitted but no interim order has been granted. It has been further contended by learned counsel for the petitioner that during pendency of the appeal, now the Executing Court has issued dakhal parawana. Learned counsel for the petitioner also relied upon the judgment of the Apex Court in case of Mool Chand Yadav and others vs. Raza Buland Sugar Company Limited, Rampur and Others; (1982) 3 SCC 484. 4. Since the appeal filed by the petitioner as well as application for interim relief in the said appeal are pending consideration, no useful purpose would be served in keeping this writ petition pending. 5. Accordingly, the present writ petition stands disposed of with direction to the Appellate Court, i.e. Additional District Judge, Court No.14, Versus Counsel for Petitioner(s) : Ajay Kumar Singh, Ashish Kumar Singh, Tejas Singh Counsel for Respondent(s) : Smt. Usha Devi .....Petitioner(s) Shri Ramjanam Tripathi .....Respondent(s) Varanasi to consider and decide the application for interim relief filed in appeal, expeditiously, preferably within eight weeks from the date of production of a certified copy of this order after ensuring service of notice upon all the respondents and after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Till disposal of the application for interim relief, operation of the order dated 26.8.2025 passed by the Executing Court shall remain stayed. It is made clear that petitioner will not seek any undue adjournment in disposal of the application for interim injunction pending before the Appellate Court to linger on the proceeding and in case any effort is being made by the petitioner to linger on the proceeding, the interim order granted by this Court shall automatically be vacated. September 26, 2025 Rishabh A227 No. 11952 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad