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2025 DAILYLAW 142162 (ALL)

ZAMEER ALAM v. ADDITIONAL DISTRICT JUDGE, COURT NO. 1, UNNAO AND OTHERS

A227/3072/2024 · 2025-04-28

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24207 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 3072 of 2024 Petitioner :- Zameer Alam Respondent :- Additional District Judge, Court No. 1, Unnao And Others Counsel for Petitioner :- Adnan Ahmad Counsel for Respondent :- Farhan Habib Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the parties. 2. The present petition has been filed challenging an order dated 21.12.2023 whereby the execution proceedings were transmitted before the Waqf Tribunal for execution. 3. Both the parties agree that the issue is squarely covered by the judgment of this court in Civil Revision No.45 of 2018 decided on 15.12.2021 wherein the issue with regard to execution was considered. 4. Clearly the order impugned is contrary to the law and the matter could not be transmitted for execution before the Waqf Tribunal which has been wrongly done, as such, the order impugned dated 21.12.2023 is quashed. The executing court is directed to execute the decree in accordance with law expeditiously. 5. The writ petition stands allowed. Order Date :- 28.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench