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2025 DAILYLAW 59787 (ALL)

NAZMA AND 6 OTHERS v. MUHAMMAD LUKMAN (DECEASED) AND 24 OTHERS

A227/5267/2025 · 2025-05-20

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85461 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5267 of 2025 Petitioner :- Nazma And 6 Others Respondent :- Muhammad Lukman (Deceased) And 24 Others Counsel for Petitioner :- Devbratt Yadav,Ram Pratap Yadav Hon'ble Rohit Ranjan Agarwal,J. 1. This is the petition on behalf of plaintiffs-judgment debtor. The plaintiffs had institued a civil suit in which the defendants had filed counter claim. The suit filed by the plaintiff was dismissed while the counter claim was decreed. The matter had travelled up to this Court and the decree stood confirmed in favour of defendant- decree holder. An execution proceedings were initiated by the defendant / decree holder in which objections were filed by the plaintiffs- judgment debtor. 2. The plaintiffs had claimed that the property described as "M" in the plaint was not the part of the decree and the Executing Court is proceeding over the said property. His objection is only to the extent that the decree may not be executed as far as property described as "M" is concerned. Against rejection of objection, revision has been preferred by the petitioner, which is pending consideration. 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 revisional Court to proceed with the revision and make every endeavour to decide the same in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 4. However, in case, the petitioner files a stay application in the revision within forty-eight hours from today, the revisional Court shall proceed to decide the same within next one week. 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 :- 21.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad