Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5012 of 2021 Petitioner :- Brahmdev Respondent :- Moti Lal Counsel for Petitioner :- Lok Nath Shukla
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i). to direct the learned Additional Civil Judge (Junior Division) 2nd, Jaunpur to decide the Execution Case No.- 4 of 2013 (Brahmdev vs. Moti Lal and others) within the period to be stipulated by this Hon'ble Court."
Considering overall facts and circumstances of the case, the petition is disposed of with a direction to the court concerned to consider and decide the aforesaid case bearing Execution Case No.- 4 of 2013 (Brahmdev vs. Moti Lal and others) and in case misc. application under Section 47 of Code of Civil Procedure is filed the same shall also be decided before concluding the execution case, strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of six months from the date of production of copy of this order.
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.
It is provided that order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 7.10.2021 Atmesh