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Neutral Citation No. - 2025:AHC:67774 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3586 of 2025 Petitioner :- Yogender Singh Chauhan Respondent :- Ram Chandra And Another Counsel for Petitioner :- Salilendu Kumar Upadhyay Hon'ble Rohit Ranjan Agarwal,J.
1. Supplementary affidavit, filed today, is taken on record.
2. This writ petition has been filed with the following prayer:
"Issue a writ, order or direction, directing the Civil Judge (S.D.), Mainpuri to expedite the execution case No.12 of 2023, as early as possible within stipulated time as fixed by this Hon'ble Court."
3. It is contended that plaintiff-decree holder instituted a suit against defendant-respondent, which was decreed ex parte. An execution case No.12 of 2023 was filed. During pendency of the said execution case, an application under Order IX Rule 13 C.P.C. was filed by the defendant, which is pending consideration.
4. In view of the said fact, the prayer made in the writ petition for expediting the execution case cannot be granted. However, the Court concerned is directed to proceed with the application filed under Order IX, Rule 13 C.P.C. on 16.02.2024 by the defendant-
judgment debtor and decide the same in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order.
5. With the aforesaid direction, present writ petition stands
disposed of.
6. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 30.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad