DWARIKA PRASAD AND ANOTHER v. BHABHOOTI RAM ALIAS MAVANRAM SINCE DECEASED 21 OTHERS
A227/4151/2025 · 2025-05-19
Rohit Ranjan Agarwal
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 36824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36824 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:84220 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4151 of 2025 Petitioner :- Dwarika Prasad And Another Respondent :- Bhabhooti Ram Alias Mavanram Since Deceased 21 Others Counsel for Petitioner :- Dinesh Kumar Hon'ble Rohit Ranjan Agarwal,J.
1. This is a petition on behalf of plaintiffs/ decree holder. The suit instituted by the plaintiffs being Original Suit No.221 of 1977 was
decreed on 26.02.1999. A civil appeal was preferred by the defendants-judgment debtor, which was dismissed on 11.04.2002, against which a second appeal was preferred before this Court which was also dismissed on 30.03.2005. No special leave petition before the Apex Court was filed against the judgment rendered by second appellate Court.
2. An execution case No.2 of 2003 was filed, which is pending
consideration. The sole prayer made in the writ petition is for expeditious disposal of the same.
3. Recently, the Apex Court, on 06.03.2025, in Periyammal vs. V. Rajamani, 2025 SCC OnLine SC 507 had held that the execution proceedings should be concluded expeditiously considering the earlier judgment of the Apex Court rendered in case of Rahul S. Shah v. Jindendra Kumar Gandhi reported in (2021) 6 SCC
418.
4. In view of the said fact, the Executing Court is hereby directed to proceed with the Execution Case No.02 of 2003 and decide the same in the light of the dictum of Hon'ble Apex Court within a period of six months from the date of production of certified copy of this order.
5. With the aforesaid observations, writ petition stands disposed of.
Order Date :- 20.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad