HEERA LAL (DIED) THRU. HIS LEGAL HEIR RAM SURAT v. CIVIL JUDGE SADAR J.D. PRATAPGARH AND 9 OTHERS
A227/6311/2025 · 2025-10-31
S Q H Rizvi
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 174724 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174724 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6311 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Supplementary affidavit has been filed on behalf of the petitioner today in Court, which is taken on record. 2. Heard Shri Hemant Tripathi, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 3. By means of the present petition under Article 227 of the Constitution of India, the petitioner has sought following relief:-
"to issue a writ, order or direction in the nature of Mandamus directing the learned Civil Judge (Junior Division), Sadar, District Pratapgarh to hear Execution Case NO. 04 of 2020 (Heera Lal Vs. Ram Adhar and others) pending before him, at an early date, within time grame, which this Hon'ble Court may deem fit and proper (which is annexed herewith as Annexure No. 4 to the writ petition)."
4. Submission of learned counsel for petitioner is that execution proceedings arising out of judgment and order dated 03.12.1976, which was subsequently upheld by the first appellate court vide order dated 24.07.1979 in Civil Appeal No. 8 of 1988 (Ram Adhar and others Vs. Heeral Lal) is pending since January, 2020. 5. It is stated by learned counsel for petitioner that second appeal filed by Versus Counsel for Petitioner(s) : Hemant Tripathi, Avneesh Singh Counsel for Respondent(s) :
Heera Lal (Died) Thru. His Legal Heir Ram Surat .....Petitioner(s) Civil Judge Sadar J.D. Pratapgarh And 9 Others .....Respondent(s)
opposite parties challenging the judgment and order dated 24.07.1979 has also been dismissed for non-prosecution vide order dated 09.12.2011. It is also contended on behalf of the petitioner that after dismissal of the second appeal the judgment and decree passed in regular suit has attained finality and as such, execution of the same is expeditiously required. 6. In view of the proposed order being passed, notice to opposite parties no. 2 to 10 is dispensed with. 7. In view of the aforesaid circumstances, this Court is of the considered opinion that no useful purpose would be served in keeping the petition pending, as such, the same is being disposed of at the admission stage. 8. Accordingly, the writ petition is disposed of with the direction to learned Civil Judge (Junior Division), Sadar Pratapgarh to decide the Execution Case No. 04 of 2020 (Heera Lal Vs.
Ram Adhar and others) as expeditiously as possible, after affording an opportunity of hearing to the parties concerned, preferably within six months, strictly in accordance with law from the date a certified copy of this order is produced before it. 9. It is made clear that this Court while deciding the writ petition has not entered into the merits of the case. 10. With the aforesaid observations/directions, this petition is disposed of. October 31, 2025 Virendra A227 No. 6311 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench