REKHA RANI AND ANOTHER v. UPENDRA RAI(IN JUDICIAL CUSTODY) THRU. HIS WIFE MAYURI RAI
A227/2424/2025 · 2025-04-29
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136558 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136558 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24350 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2424 of 2025 Petitioner :- Rekha Rani And Another Respondent :- Upendra Rai(In Judicial Custody) Thru. His Wife Mayuri Rai Counsel for Petitioner :- Prateek Tewari Counsel for Respondent :- Vidya Dhar Upadhyay,Prateek Singh,Siddhant Mani Tripathi Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Vidya Dhar Upadhyay,
learned counsel for respondent.
2. Present petition has been filed challenging the order dated 21.02.2025 passed by the Executing Court whereby the application filed by the wife of the
judgment debtor for release of the goods seized by the Amin in the execution of an eviction decree was allowed and the objection filed to the same by the landlord was rejected.
3. It is admitted in between the parties that the goods as were seized by the Amin and recorded at Page 117 of the paper book belong to the decree holder and the rest of the goods belong to the judgment debtor.
4. Learned counsel for the respondent has no objection if the goods belonging to the judgment debtor are returned and the goods which are indicated at Page 117 are given back to the decree holder.
5. Learned counsel for the petitioner states that for keeping the goods which were handed over by the Amin in pursuance to the execution proceedings, he has spent certain money as rental charges to which he is entitled.
6. The Court below has already held that the petitioner would be entitled to sue the respondent for the recovery of the rental charges allegedly paid by the petitioner.
7. In view thereof, no interference is called for except by modifying the order to the extent that the goods indicated at Page 117 of the paper book and as per the Amin report belonging to the decree holder shall be handed over to the decree holder and the other goods shall be returned to the judgment debtor in terms of the order passed by the executing Court.
8. Present petition stands disposed off in above terms.
Order Date :- 29.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench