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2025 DAILYLAW 127244 (ALL)

REHAN KHAN v. ADDL. DISTRICT JUDGE COURT NO. 6 DISTT. LKO. AND 3 OTHERS

A227/1247/2025 · 2025-03-11

Pankaj Bhatia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14717 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1247 of 2025 Petitioner :- Rehan Khan Respondent :- Addl. District Judge Court No. 6 Distt. Lko. And 3 Others Counsel for Petitioner :- Faisal Ahmad Khan,Abdul Muqeem Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the petitioner and the learned Standing Counsel. 2. The present petition has been filed challenging an order dated 29.01.2025 whereby directions for execution, passed earlier, were stayed solely on the ground that an application under section 151 CPC filed by the judgment debtor was pending consideration and was not pointed out by the clerk concerned on account of some errors. 3. The contention of the counsel for the petitioner is that a decree was passed in favour of the petitioner landlord by the Judge Small Causes Court, the said decree was never challenged by filing any revision. The judgment debtor filed objection under section 47 of CPC, which were rejected and the said order was also not challenged by the judgment debtor. Subsequently, an application under section 151 CPC was filed which was similar to the objections filed under section 47 of CPC. 4. It is stated that directions were issued for carrying out the execution, however, an application was moved that the application filed under section 151 CPC was pending, the court noticing that the said application was pending, postpone the earlier order. 5. Considering the fact that admittedly the application under section 151 numbered as C-30 is said to be pending, directions are issued to the Executing Court to pass orders on the said application within a period of one week. The consequent execution shall be carried out in terms of the decree within a further period of three weeks in accordance with law. 6. The writ petition stands disposed off in terms of the said order. Order Date :- 11.3.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench