Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9764 of 2018 Petitioner :- Durga Prasad And 5 Others Respondent :- Civil Judge (Junior Division) Bansi District Siddharthnagar And 10 Others Counsel for Petitioner :- Awadhesh Kumar Yadav
Hon'ble Mrs. Sunita Agarwal,J.
The petitioners are heirs of the decree holder in Original Suit No.180 of 1993 (Harihar Nath Vs. Ram Harakh & others) which has been decreed on 15.11.2000. The said decree has been affirmed by the first appellate court vide judgement and order dated 25.08.2009. Thus, the decree in favour of the petitioners/predecessor-in-interest has become final. The execution case no.3 of 2018 filed by the petitioner/heirs of the decree holder after the order passed in favour of the judgement debtor had been set aside by the competent revenue court.
The order sheet of the execution case has been brought on record and it is submitted by learned counsel of the petitioners that the judgement debtors are making all efforts to frustrate the decree. In order to achieve their illegal motives, they had got an application under Order 21 Rule 97 of the Code of Civil Procedure through Adarsh Nagar Palika Praishad Bansi and has also filed objection under Order 41 CPC.
The application under Order 21 Rule 97 CPC filed on 28.09.2018 is sought to be withdrawn by another application dated 03.11.2018 filed by Nagar Palika Parishad. It is thus submitted that there is no impediment in execution of the decree.
Be that as it may, having noticed the fact that the objection under Order 41 and application under Order 21 Rule 97 CPC are pending consideration before the executing court, the present petition is being disposed of with the direction to the court below to make an endeavour to decide the both the application as also the subsequent application dated 03.11.2018 filed by Nagar Palika Parishad and further to make an endeavour to decide the Execution Case No.03 of 2018 (Harishar Nath & others Vs. Ram Harakh & others) within a period of four months from the date of submission of certified copy of this order without granting any unnecessary adjournment to any of the parties.
Order Date :- 25.1.2019 Himanshu