Neutral Citation No. - 2025:AHC:25883 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1877 of 2025 Petitioner :- Mansoor Alam Respondent :- Ishwar Dev Singh And Another Counsel for Petitioner :- Brijesh Kumar Yadav Counsel for Respondent :- Avadhesh Narayan Dubey,Harsh Vardhan Gupta Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for petitioner and Sri Avadhesh Narayan Dubey, learned counsel appearing for respondent no. 2, Prayagraj Development Authority. 2. This writ petition has been filed with the following prayer:- "i). to Issue an order or direction to Additional Civil Judge (Senior Division) Court No.17, Allahabad to decide the case bearing misc. application no.461 of 2022 (Ishwar Devo Singh Vs. Manosoor Alam), in [execution (Izra)] case no.03 of 2021, Under Section 151 of C.P.C., pending before Additional Civil Judge (Senior Division) Court No.17, Allahabad within stipulated period." 3. It is contended by learned counsel for the petitioner that petitioner had initially filed Original Suit No. 3405 of 2018 against Prayagraj Development Authority and one Virendra Pratap Singh. The said suit was dismissed on 27.02.2020. Aggrieved by the said judgment and decree, a Civil Appeal No. 18 of 2020 was filed which was allowed on 14.09.2021 and suit of appellant- petitioner was decreed. An execution case no. 3 of 2021 was filed by petitioner in which an application under Section 151 CPC has been moved by respondent no. 1, Ishwar Dev Singh, which is pending consideration. The prayer made in the writ petition is for expeditious disposal of the application moved under section 151 CPC which has been registered as Case No. 461 of 2022. 4. Learned counsel for the petitioner submits that application under Section 151 CPC by a stranger is not maintainable as respondent no. 1 was not defendant in the suit. Moreover, he has come during the execution proceedings to delay the execution of the decree which was passed in the year 2021. He further contends that against the judgment of the appellate court dated 14.09.2021, no second appeal has been preferred by respondent no. 1. 5. As no useful purpose would be served in keeping the matter pending or calling for counter affidavit and as the Prayagraj Development Authority is already represented by his counsel, the writ petition is being disposed of requiring the executing court to proceed with the matter and decide the Case No. 461 of 2022 filed under Section 151 CPC within two weeks from the date of production of certified copy of this order, considering the fact that respondent no. 1 has no locus to contest the execution proceedings under Section 151 CPC and his remedy lies elsewhere. 6. With the aforesaid directions, writ petition stands disposed of. 7. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 24.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad