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2025 DAILYLAW 60359 (ALL)

NEERAJ GUPTA AND 2 OTHERS v. SURESH CHANDRA (SINCE DECEASED) AND 5 OTHERS

A227/5218/2025 · 2025-05-19

Rohit Ranjan Agarwal

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:84500 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5218 of 2025 Petitioner :- Neeraj Gupta And 2 Others Respondent :- Suresh Chandra (Since Deceased) And 5 Others Counsel for Petitioner :- Jata Shankar Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "Issue, an order, or direction, J.S.C.C. Agra to decide. the Execution Case No. 15 of 2011, Neeraj Gupta and others Vs. Suresh Chandra (since deceased) and others arising Original Suit No.207 of 2006, Neerai Gupta and others Vs. Suresh Chandra and others and misc. case No. 533/18 Suresh Chandra (since deceased) and another Vs. Neeraj Gupta and others within short stipulated period as fixed by this Hon'ble Court in the interest of justice." 2. It is contended that Suit No.207 of 2006 was instituted by the plaintiff-decree holder against defendant-judgment debtor, which was decreed on 08.09.2010. Against the said judgment, civil appeal was preferred by the defendant, which was dismissed on 04.07.2011. Against the said order, no second appeal was filed by judgment debtor. The said fact has been stated in para 14 of the writ petition. 3. An execution case No.15 of 2011 was filed, which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said execution case. 4. 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. 5. In view of the said fact, the Executing Court is hereby directed to proceed with the Execution Case No.15 of 2011 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. The executing Court while deciding the said execution case, shall also decide the objections filed by judgment debtor filed under Section 47 C.P.C. with the time framed, as provided above. 6. 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