SANJAY KUMAR AND 7 OTHERS v. KALAWATI DEVI AND 2 OTHERS
A227/410/2025 · 2025-01-24
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7612 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7612 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:13288 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 410 of 2025 Petitioner :- Sanjay Kumar And 7 Others Respondent :- Kalawati Devi And 2 Others Counsel for Petitioner :- Ashutosh Ganguli,Pranab Kumar Ganguli Hon'ble Ajit Kumar,J.
1. Heard Mr. P.K. Ganguly, learned counsel for the petitioners and perused the record.
2. By means of present petition filed under Article 227 of the Constitution, petitioners are seeking expeditious disposal of Execution Case No. 21 of 2019; Chinta Devi vs. Kalawati Devi.
3. Submission made at bar by Mr. Ganguly that no objection is pending consideration before the Executing Court under Section 47 CPC and as such, therefore, there is no miscellaneous case pending and from perusal of the order-sheet it clearly transpires that the respondents is borrowing time for one reason or the other.
4. In the given facts and circumstances, this petition stands
disposed of with a direction that in the event any miscellaneous case arising out of or objection filed under Section 47 CPC is not pending, the Executing Court shall proceed to decide the Execution Case itself within a maximum period of three months giving full opportunity of hearing and without granting unnecessary adjournment to either of the parties expeditiously preferably within a period of three months from the date of production of certified copy of this order.
5. It is clarified that in the event, this order could not be carried out within the time frame fixed, for any technical reason, then for such delay in disposal of the suit and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with any personal liability of contempt.
Order Date :- 24.1.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad