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2025 DAILYLAW 65453 (ALL)

BOBY @ AKILA v. SHAILLENDRA JINDAL

A227/5744/2025 · 2025-05-29

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93322 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5744 of 2025 Petitioner :- Boby @ Akila Respondent :- Shaillendra Jindal Counsel for Petitioner :- Aqueel Ahmad,Kripa Shankar Tiwari,Mohammad Sadab Khan,Virendra Gupta Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner. 2. The grievance of the petitioner is that though, he has preferred S.C.C. Revision No.65 of 2024 against the judgement and decree dated 29.02.2024 passed by the Civil Judge (Senior Division), Hapur in S.C.C. Case No.5 of 2020, and S.C.C. Revision on admission is yet to be heard, but the respondent is proceeding with the execution of the decree. Accordingly, it is submitted that considering the urgency in the matter, a direction be issued to Revision Court to consider and decide the stay application expeditiously within a time bound period. 3. Considering the fact that execution case has been filed for execution of the judgement and decree dated 29.02.2024 passed by the Civil Judge (Senior Division), Hapur in S.C.C. Case No.5 of 2020, this Court disposes off the present petition with a direction to the District Judge, Hapur to decide the stay application of the petitioner filed in Civil Revision No.65 of 2024 expeditiously, preferably within a period of two months from today. 4. It is expected that Execution Court while proceeding with the Execution Case No.7 of 2024 shall be slow to proceed in the execution case and accommodate the petitioner considering the fact that stay application of the petitioner is pending considering before the Revision Court while passing any order which prejudices the rights of petitioner. Order Date :- 30.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad