Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4151 of 2018 Petitioner :- Girish Narayan Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Brij Kishore Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and perused the record.
Present petition has been filed for setting aside the impugned order dated 28.9.2017 passed by the Additional District Judge, Court No. 6, Varanasi in Civil Misc. Suit No. 01 of 2016.
The Stamp Reporter has reported laches of 152 days in filing the present petition.
By the impugned order, the execution case filed by the petitioner on 17.12.2015 for execution of the judgement dated 4.11.1989 and 18.11.1989 in LR No. 269 of 1989 has been rejected on the ground that the limitation of 12 years as provided under Article 136 of Schedule of the Limitation Act has expired and the present execution case has been filed after 26 years and there is no explanation to the same.
Submission of the learned counsel for the petitioner is that certain other appeals arising out of the same execution case were pending before this Court and therefore, he was waiting for the result and after its disposal on 23.3.2015 the present execution case was filed by the petitioner.
I have considered the submissions and perused the record.
Admittedly the petitioner has not filed any first appeal against the aforesaid judgement and decree of the year 1989.
Under such circumstances, there is no legal infirmity in the order impugned herein.
Present petition lacks merit and is accordingly dismissed. No order as to costs.
Order Date :- 31.5.2018 Abhishek