Neutral Citation No. - 2025:AHC:31332 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 487 of 2025 Petitioner :- Sudhanshu Kumar Respondent :- Ashwani Kumar And 3 Others Counsel for Petitioner :- Jahnavi Tripathi,Umesh Vats Hon'ble Rohit Ranjan Agarwal,J. 1. The plaintiff/decree holder had instituted an Original Suit No. 562 of 1981. The suit was dismissed on 03.08.2005. Against the said judgment and order, a Civil Appeal No. 75 of 2005 was preferred which was allowed by judgment dated 28.04.2006. Against the said order, a second appeal has been filed by respondent/judgment debtor before this Court bearing Second Appeal No. 468 of 2006. 2. Learned counsel for the petitioner has placed before the Court the order dated 17.05.2006 passed by appellate court wherein the application for grant of interim relief was rejected. However, the undertaking was given by plaintiff's counsel that till further orders, constructions shall not be demolished. Learned counsel for the petitioner submits that the construction as on date does not exist and has already been tumbled down with passage of time and there remains no construction left on the disputed site. An Execution Case No. 13 of 2015 was filed which is pending consideration for last 10 years. The sole prayer made in the writ petition is for expeditious disposal of the Execution Case No. 13 of 2015. 3. The executing court is hereby directed to proceed with the matter after recording satisfaction that construction is not standing over the disputed site for which undertaking has been given by decree holder before this Court. The execution may proceed as the application for grant of interim relief has already been rejected by appellate court on 17.05.2006. The pendency of second appeal appeal would not come in the way of proceeding with Execution Case No. 13 of 2015. The said execution case shall be finally decided within a period of four months from the date of production of certified copy of this order, strictly in accordance with law. 4. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 5.3.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad