Court No. - 18
Case :- WRIT - C No. - 18272 of 2021 Petitioner :- Dharm Raj Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babu Lal Ram,Suresh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Babu Lal Ram, learned counsel for the petitioner contends that the Second Appeal No.858 of 1991 (Ram Kuber Yadav Vs. Dharm Raj Yadav) filed by the respondent No. 4 has been dismissed for non- prosecution by this Court on 24.09.2015. Consequently, the judgement and decree rendered by the first appellate court in Civil Appeal No.559 of 1988 (Dharm Raj Yadav Vs. Ram Kuber Yadav) be executed.
Learned Standing Counsel submits that the remedy lies in taking out appropriate execution proceedings for implementing the decree in the competent civil court.
Faced with this, Sri Babu Lal Ram, learned counsel for the petitioner, in his usual fairness does not dispute the aforesaid legal submissions. He seeks leave to approach the competent civil court.
It is always open to the petitioner to avail appropriate remedy in law by approaching the competent civil court.
The writ petition is finally disposed of.
Order Date :- 12.8.2021 Ashish Tripathi