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2025 DAILYLAW 138896 (ALL)

ANOKHI LAL and ANR. v. UPPER ZILA JUDGE COURT NO.-2 BALRAMPUR and ANR.

WRIA/1000091/2015 · 2025-09-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 1000091 of 2015 Court No. - 6 HON'BLE PANKAJ BHATIA, J. I.A. No.13 of 2024 I.A. No.14 of 2024 The application has been filed seeking recall of the order dated 04.01.2024, whereby the petition was dismissed for want of prosecution. The cause shown is sufficient. The delay in filing the recall application as well as the recall application are allowed. The order dated 04.01.2024 is, hereby, recalled and the petition is restored on its original number. Order on Writ Petition: This petition has been filed challenging an order dated 03.10.2015, whereby an application for adjourning the execution proceedings on account of pendency of the writ petition before this Court was rejected, mainly on the ground that no interim order had been passed by this Court. No interference is called for against such an order, as even before this Court, no order could be shown from any competent court of law that had stayed the execution of the decree. In view of thejudgment of the Hon'ble Supreme Court in the case of Periyammal (Dead through LRs.) & Others Vs. V. Rajamani and Another, Etc.; 2025 LiveLaw SC 293, this petition is disposed of with a direction to conclude the Versus Counsel for Petitioner(s) : Pradeep Kumar Maurya, Daya Shankar Yadav Counsel for Respondent(s) : Brijesh Kumar Chaudhary, Brajesh Kumar Chaudhary Anokhi Lal And Anr. .....Petitioner(s) Upper Zila Judge Court No.-2 Balrampur And Anr. .....Respondent(s) proceedings of Execution Case No.01 of 2011, positively, within a period of two months. The order has been passed in presence of Shri B.K. Chaudhary, learned counsel for the respondent. September 19, 2025 Haseen U. WRIA No. 1000091 of 2015 2 (Pankaj Bhatia,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench