Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5717 of 2021 Petitioner :- Anil Kumar Malhotra (Since Deceased) And Another Respondent :- Smt. Neelam Malhotra And 2 Others Counsel for Petitioner :- Munne Lal
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicants.
The petitioners are the plaintiffs in the suit and has come up before this Court claiming following relief as substantial relief:
"Issue a direction under its supervisory power/ jurisdiction Under Article 227 of the Constitution of India commanding the learned Civil Judge (Senior Division), Kanpur Nagar to decide Misc. Case No. 257/74 of 2017, Anil Kumar Malhotra (since deceased) through L. Rs. 1/1 Smt. Latika Malhotra pending before him expeditiously and preferably within a short period or within a stipulated period as may be deemed fit and proper by this Hon'ble Court."
It is argued that the delay is being unnecessarily caused and therefore, case may be expedited. It is further stated that civil appeal has been dismissed against the judgment and decree and the second appeal pending before this Court has not yet been admitted till date and no interim order is operating therein.
In such above view of the matter and in the event the second appeal has not been admitted by the High Court and no interim order is operating therein, the executing court shall proceed to decide the execution case, if possible within a period of three months from the date of production of copy of this order. However, it is clarified that in case if any application under Section 47 of Code of Civil Procedure, 1908 is pending consideration, the same shall be disposed of first.
It is clarified that the procedure prescribed for deciding execution case, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic of SARS Cov- 2/Covid 19 resulting in the suspension of public movement and/ or judicial work in the district concerned.
The petition is disposed of with the aforesaid observations and directions.
Order Date :- 25.10.2021/IrfanUddin