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2025 DAILYLAW 8938 (ALL)

PUNEET GUPTA v. WAHID ALI (D) AND 2 OTHERS

A227/1383/2025 · 2025-02-13

Rohit Ranjan Agarwal

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:20795 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1383 of 2025 Petitioner :- Puneet Gupta Respondent :- Wahid Ali (D) And 2 Others Counsel for Petitioner :- Rama Goel Bansal,Shalini Goel Hon'ble Rohit Ranjan Agarwal,J. 1. This is plaintiff-decree holder's petition seeking a direction upon court below to expedite the Execution Case No. 3 of 2011. 2. Facts, are that an Original Suit No. 133 of 1990 was filed by petitioner-decree holder against the defendant-judgment debtor, respondent no. 1. The suit was decreed on 01.02.1992, against which a civil appeal was filed by judgment debtor which was dismissed on 08.03.1994. A second appeal was preferred before this Court which was also finally decided on 16.11.2022 against which the judgment debtor preferred a special leave petition before Hon'ble Apex Court which was dismissed on 03.03.2023. Execution Case No. 3 of 2011 was preferred by decree holder during the period when second appeal was dismissed for want of prosecution. 3. Learned counsel for petitioner submits that about 2 years have elapsed but the Execution Case No. 3 of 2011 is not proceeding despite the decree passed by trial court has been confirmed by Hon'ble Apex Court. 4. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the Execution Case No. 3 of 2011, in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 13.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad