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2025 DAILYLAW 89842 (ALL)

MOHD. SHARIF v. MOHD. MURTAJA AND 4 OTHERS

A227/9937/2025 · 2025-09-03

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9937 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Supplementary filed today is taken on record. 2. Heard learned counsel for the petitioner and perused the record. 3. This petition has been filed for following relief: "To issue a direction to the Court below to expedite the proceedings of Execution Case No. 06 of 2022(Mohd. Sharif Vs.Mohd. Murtaja and others),pending in the Court of Additional Civil Judge (Senior Division), Court No.13 Allahabad,very expeditiously preferably without any reasonable delay within a stipulated period as fixed by this Honble Court. " 4 Contention of the learned counsel for the petitioner is that the execution case is pending since 2022. 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. 5. In paragraph no. 4 of the supplementary affidavit, it is mentioned that no appeal is pending against the decree which is sought to be executed. 6. No useful purpose would be served in keeping this petition pending. 7. Accordingly, the present petition stands disposed of finally with a direction to the Additional Civil Judge (Senior Division), Court No.13 Allahabadto consider and decide the aforesaid case, in accordance with law, Versus Counsel for Petitioner(s) : Kalyan Sundram Srivastava, Nag Sundaram Srivastava Counsel for Respondent(s) : Mohd. Sharif .....Petitioner(s) Mohd. Murtaja And 4 Others .....Respondent(s) expeditiously, preferably within a period of one year 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 and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 4, 2025 Ved Prakash A227 No. 9937 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad