SHYAM BABU v. KANPUR DEVELOPMENT OFFICER THROUGH VICE PRESIDENT AND ANOTHER
A227/3003/2025 · 2025-04-08
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33382 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33382 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51660 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3003 of 2025 Petitioner :- Shyam Babu Respondent :- Kanpur Development Officer Through Vice President And Another Counsel for Petitioner :- Sandeep Dubey,Satyendra Kumar Dwivedi Counsel for Respondent :- Anand Prakash Paul,Sanjeet Kumar Dubey Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"To direct the Court of Civil Judge (S.D.)-F.T.C Kanpur Nagar to decide this Misc. Application bearing no. 330 of 2023( Shyam Babu Vs. Smt. Matli and others) arising out of the Execution proceeding bearing no. 27 of 2015( Smt. Matli Vs. K.D.A, Kanpur Nagar) arising out of Civil Petition bearing O.S. No. 679 of 2001 (Smt. Matli Vs. K.D.A. Kanpur Nagar) to decide the matter expeditiously by day to day hearing if possible or fix date for disposal of above petition."
2. A suit was instituted by respondent No.2 against Kanpur Development Authority, which was decreed. The Execution Case No.27 of 2015 was filed which is pending consideration. In the said case, an application under Order 21 Rule 97 C.P.C. has been moved by the petitioner, which is pending consideration. The sole prayer made in the writ petitioin is for expeditious disposal of the said application, which has been registered as Misc. Application No.330 of 2023.
3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Senior Division), F.T.C., Kanpur Nagar to decide Misc. Application No.330 of 2023 (Shyam Babu vs. Smt. Matli and others) arising out of Execution Proceedings No.27 of 2015, in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this
order.
4. With the aforesaid direction, present writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
6. Sri Sanjeet Kumar Dubey, Advocate is present for respondent No.1.
Order Date :- 9.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad