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2025 DAILYLAW 81475 (ALL)

CHAITANYA PRAKASH TRIPATHI v. PRAYAG NARAYAN SHARMA AND 10 OTHERS

A227/8491/2025 · 2025-08-05

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:132206 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8491 of 2025 Petitioner :- Chaitanya Prakash Tripathi Respondent :- Prayag Narayan Sharma And 10 Others Counsel for Petitioner :- Subedar Mishra Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed for following relief: "to Issue order or direction in the nature of mandamus commanding in court of Additional Civil Judge (Senior Division), Court no.2, Mathura decide the Execution Case No.13/2021 (Prem Bihari Sharma and others. versus Prayag Narayan Sharma and others) arising out of Original Suit No. 343/1984 (Prem Bihari Sharma and others versus Prayag Narayan Sharma and others) pending before him within stipulated period as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the execution case is pending since 2021. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Additional Civil Judge (Senior Division), Court no.2, Mathura to consider and decide the aforesaid execution case, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the parties concerned and after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 6.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad