Ramfer v. Anupam and 3 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12079 of 2023 Petitioner :- Ramfer Respondent :- Anupam And 3 Others Counsel for Petitioner :- Vijay Bahadur Yadav Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Vijay Bahadur Yadav, learned counsel for the petitioner.

¶2Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Junior Division), F.T.C., District-Jaunpur, to decide the Execution Case No. 8 of 2010 (Ramfer vs. Nand Lal) arising out of judgment and order dated 03.09.2010 passed by Additional Civil Judge (Junior Division) 6th Jaunpur, in Original Suit No. 272 of 1999 (Ramfer vs. Nand Lal and others) within a time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Execution Case No. 8 of 2010 (Ramfer vs. Nand Lal) arising out of judgment and order dated 03.09.2010 passed by Additional Civil Judge (Junior Division) 6th Jaunpur, in Original Suit No. 272 of 1999 (Ramfer vs. Nand Lal and others) is pending consideration before the Civil Judge (Junior Division), F.T.C., District-Jaunpur and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Civil Judge (Junior Division), F.T.C., District-Jaunpur, to conclude and decide the Execution Case pending since the year 2010, within the time frame fixed by this Court.

¶5Considering the fact that the Execution Case is pending consideration, before the Civil Judge (Junior Division), F.T.C., District-Jaunpur, since the year 2010, this Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the Civil Judge (Junior Division), F.T.C., District-Jaunpur, seized with the Execution Case No. 8 of 2010, to consider and decide the case expeditiously, preferably within a period of six months, from the date of production of certified copy of order of this Court, strictly in accordance with law. Order Date :- 28.11.2023 Deepak/ High Court of Judicature at Allahabad