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2025 DAILYLAW 8321 (ALL)

RAM BELAS AND ANOTHER v. RAM ASHISH AND 2 OTHERS

A227/633/2025 · 2025-02-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22019 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 633 of 2025 Petitioner :- Ram Belas And Another Respondent :- Ram Ashish And 2 Others Counsel for Petitioner :- Santosh Kumar Mishra Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "(a) Direct the Additional Civil Judge (J.D.) Court No. 25, Deoria to decide Execution Case No. 9 of 2021 (Rambelas and another Vs. Ram Ashish and others) within specific period, which may be fixed by this Hon'ble Court, in accordance with law. (b) Issue any other writ, order or direction in favour of the Decree holders/Plaintiffs/Petitioners, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." Learned counsel for the petitioners submits that the plaintiff-decree holder had instituted Suit No.2571 of 1997 which was decreed ex- parte. Against the ex-parte decree, an application under Order 9 Rule 13 CPC was moved by the judgment debtor/ defendant- respondents, which is pending consideration. In the meantime, execution proceedings have also been initiated by the decree holder. In view of the said fact as the recall application filed under Order 9 Rule 13 CPC by the judgment debtor is still pending consideration for recalling the ex-parte decree, no direction can be issued at this stage for executing the decree which was passed ex-parte. However, looking to the facts of the case, the Court concerned is directed to decide the application filed under Order 9 Rule 13 CPC by the judgment debtor strictly in accordance with law expeditiously preferably within a period of three months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 17.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad