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2025 DAILYLAW 16454 (ALL)

SRI PRABHU DAYAL v. STATE OF U.P. AND 2 OTHERS

A227/1394/2025 · 2025-02-13

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:20827 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1394 of 2025 Petitioner :- Sri Prabhu Dayal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Misra,Shashi Kant Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed by the plaintiff-decree holder seeking a direction upon Executing Court to expedite the proceedings of Execution Case No.13 of 2012 pending before the Civil Judge (Senior Division), Jalaun at Orai. The facts are that the Original Suit No.43 of 2008 was filed by the plaintiff-petitioner for permanent injunction which was decreed on 18.02.2009. Against the said judgment and decree, no appeal or revision has been preferred which is stated in para 7 of the writ petition. An execution case was filed in the year 2012 which was registered as Execution Case No.13 of 2012. The sole prayer made in the writ petition is to expedite the proceedings of the said case. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a upon Court concerned to expedite the proceedings of Execution Case No.13 of 2012, after hearing all the concerned parties, strictly in accordance with law preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 13.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad