Lalji Yadav v. Santosh Kumar Yadav

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9669 of 2023 Petitioner :- Lalji Yadav Respondent :- Santosh Kumar Yadav Counsel for Petitioner :- Ravi Prakash Singh Yadav Hon'ble Jayant Banerji,J. Heard Shri Arvind Kumar Yadav, Advocate Roll-A/A1222/2012, holding brief of Shri R.P.S. Yadav, learned counsel for the petitioner. This petition has been filed seeking the following relief: "(i) Issue a order or direction in commanding directing the court concern to decide the Execution No. 04 of 2023 (Lalji Yadav Vs. Santosh Yadav) as well as application 4C alongwith affidavit, pending before learned Civil Judge, (S.D.) Varanasi, within certain stipulated period of time as fixed by this Hon'ble Court. (Annexure no. 1)." It is stated by the learned counsel that the petitioner is the decree holder, who has filed Execution Case No. 4 of 2023 for execution of a decree dated 16.1.2023. A perusal of the order-sheet appearing on page 31 reflects that 13.9.2023 was fixed as the date for hearing of the application. Given the nature of execution proceedings which provide for a detailed procedure for execution of each decree, no order as sought for can be granted. It is for the executing court to proceed with the execution case in accordance with law. This petition is, therefore, dismissed. Registrar (Compliance) is directed to communicate this order to the court concerned within a period of fifteen days from today. Order Date :- 22.11.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad