SURENDRA KUMAR JAISWAL AND ANOTHER v. OM PRAKASH SHUKLA AND 2 OTHERS
A227/7814/2025 · 2025-08-17
Chandra Kumar Rai
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 78973 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78973 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:140092 Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 7814 of 2025 Petitioner :- Surendra Kumar Jaiswal And Another Respondent :- Om Prakash Shukla And 2 Others Counsel for Petitioner :- Ajay Kumar Sharma,Atul Sharma Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Atul Sharma, learned counsel for the petitioners and Mr. Upendra Nath learned Additional chief standing counsel & Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State- respondents. 2. The instant petition has been filed for the following relief:
"issue an appropriate order or direction directing the learned judge-Small Cause Court, District- Kanpur Nagar to forthwith prepare the final decree in pursuance to the judgement and order dated 16.1.2023 passed by the learned judge-Small Cause Court, District- Kanpur Nagar in Original Suit No.988 of 2025 (Surendra Kumar Jaiswal and another Vs. Om Prakash Shukla and others) within a short period as stipulated by this Hon'ble Court."
3. This Court on 28.7.2025 passed the following order:
"1. Heard Mr. Atul Sharma, learned counsel for the petitioners and Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State respondents. 2. Mr. Atul Sharma, learned counsel for the petitioner has served the copy of the instant petition to Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State respondents. 3. Counsel for the petitioners submitted that decree passed in suit No. 988 of 2005 has attained finality as second appeal No. 880 of 2024 filed by respondents has been dismissed by this Court vide judgement dated 27.11.2024 but the proceeding of preparation of final decree is still pending before execution Court. 4. Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State respondents shall obtain instruction from the Court of Judge Small Cause Court Kanpur regarding the status of pending execution case. 5. Put up this matter as fresh on 18.8.2025."
4. In pursuance of the order of this Court dated 28.7.2025, instruction dated 12.8.2025 placed before the Court, is taken on record. 5. Mr. Upendra Nath & Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State-respondents on the basis of instruction dated 12.8.2025 submitted that the certain objection under Order 20 Rule 18 of Code of Civil Procedure has been filed which are pending for disposal.
They further submitted that next date fixed in the proceeding for disposal of pending objections is 21.8.2025. They further submitted that necessary order will be passed in accordance with law by the Judge Small Cause Court, Kanpur Nagar. 6. Considering the instruction dated 12.8.2025 sent by the Judge Small Cause, Kanpur Nagar, the instant petition is finally disposed of directing the Judge Small Cause, Kanpur Nagar to prepare final decree in pursuance of the judgement and order dated 16.1.2023 passed by the Judge Small Cause, Kanpur Nagar after deciding the objections in accordance with law expeditiously preferably within period of two months from today affording proper opportunity of hearing to the parties. Order Date :- 18.8.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad