Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:21998 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 15891 of 2024 Petitioner :- Madhu Tyagi Respondent :- Nanhe And Another Counsel for Petitioner :- Kushagra Singh,Namman Raj Vanshi Hon'ble Rohit Ranjan Agarwal,J. This is a petition filed by the defendant-decree holder. The suit no.1178 of 2014 was instituted by the respondents-judgment debtor. In the aforesaid suit, a counterclaim was set up by the defendant which was allowed on 09.05.2022 and the suit was withdrawn by the plaintiff. Against the judgment and decree passed by the trial Court, a Civil Appeal as well as an application under Order 9 Rule 13 CPC was filed by the plaintiff. The application filed under
Order 9 Rule 13 CPC was dismissed on 27.04.2023, against which, a misc. appeal was preferred which was also dismissed. The civil appeal preferred by the plaintiff was dismissed on 23.09.2024, against which, a writ petition under Article 227 of the Constitution of India was preferred which was also dismissed. Thereafter, a second appeal was preferred by the plaintiff which was dismissed by the Co-ordinate Bench of this Court on
03.01.2025. The petitioner in the meantime, had filed Execution Case No.5 of 2022, in which, objections under Section 47 CPC was preferred by the plaintiff, which are pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the objections filed under Section 47 CPC filed by the plaintiff as well as to expedite the proceedings of Execution Case No.5 of 2022 filed by the decree holder- defendant. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Court concerned to decide the objections filed under Section 47 CPC as well as to expedite the proceedings of Misc. Case No.5 of 2022, after hearing all the concerned parties, strictly in accordance with law expeditiously
preferably within a period of six months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 17.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad