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2025 DAILYLAW 141883 (ALL)

TRILOK CHAND (DEAD) THRU. AJAY KUMAR KESARWANI AND ANOTHER v. IIIRD ADDL. DISTRICT JUDGE LKO. AND ANOTHER

A227/3028/2024 · 2025-07-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43570 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 3028 of 2024 Petitioner :- Trilok Chand (Dead) Thru. Ajay Kumar Kesarwani And Another Respondent :- Iiird Addl. District Judge Lko. And Another Counsel for Petitioner :- Virendra Mishra,Shradha Mishra,Vipineshwar Upadhyay Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners and perused the material brought on record. No one is present for the respondents. 2. The present petition has been filed by the petitioners challenging the order dated 14.03.2024, whereby the application for condonation of delay was rejected. It is stated that on the basis of decree of rejection, execution case no. 01/2002 was filed, ultimately, the same came to be dismissed in default on 16.02.2008. It is stated that the petitioner, who is the decree holder, was contesting the execution suit and the power of attorney holder, who never informed about the said order and subsequently, an application for recalling of the order dated 16.02.2008 and for proceeding with the execution case, however, the same has been dismissed. 3. Learned counsel for the petitioners places reliance on the Judgment of this Court in the case of 'Arjun Prasad vs. Sameer Jahan Begum', wherein this Court had held that, recourse of Section 151 C.P.C. can be taken to hear the execution case on merits following the said judgment. 4. Accordingly, the impugned order dated 14.03.2024 is set- aside and the matter is remanded for the proceeding with the execution in accordance with law, the order dated 16.02.2008 is, hereby, also recalled. The executive Court shall now execute the decree in accordance with law. 5. The petition stands disposed of. Order Date :- 28.7.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench