Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10861 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed for the following relief:-
"a) Issue suitable order or direction to the Civil Judge (Junior Division), Mohammadabad Gohna, Mau to decide the Execution Case No. 11 of 2025 filed in Original Suit No. 2114 of 2024 (Mohammad Tariq Khan Versus Baij Nath) within the stipulated period."
2. The original suit No. 2114 of 2022 filed by the plaintiff- petitioner has been decreed by the judgment and decree dated
02.04.2025. An application for execution of the said decree has been filed by the petitioner on 05.05.2025. Prayer made in the present writ petition is that the Execution Case No. 11 of 2025 filed by the petitioner on 05.05.2025 be directed to be decided within a stipulated period.
3. No such relief can be granted to the petitioner as the application for execution has been filed within 35 days from the date of decree and from the execution application, it is apparent that the appeal has been filed against the decree. It has also not been stated in the petition that whether the appeal filed by the defendant-respondent is admitted and whether any interim order has been passed in the appeal or not. Versus Counsel for Petitioner(s) : Mukul Yadav, Rajesh Yadav Counsel for Respondent(s) : C.S.C. Mohd. Tariq Khan .....Petitioner(s) State of U.P. and Another .....Respondent(s)
4. In view of these facts, prayer made in the petition cannot be allowed. Consequently, the petition is dismissed.
5. Since the application for execution is pending, it is expected that the same shall be considered and decided in accordance with law after providing opportunity of hearing to all the parties concerned. September 11, 2025 Nitika Sri. A227 No. 10861 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad