Court No. - 4
Case :- WRIT - C No. - 24638 of 2019 Petitioner :- Mohammad Ahmad And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Prabha Shanker Pandey Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos.1, 2 and 3 and Sri Raj Mohan Upadhyay, learned counsel for respondent no.4.
It appears that the compensation awarded to the petitioners in lieu of acquisition of their land was enhanced on reference. Against the judgement and decree of the reference Court, respondent no.4 had preferred a first appeal before this Court which was dismissed in default on 18.4.2015 and the restoration filed by respondent no.4 was also dismissed by this Court on 6.3.2018. The application filed by the petitioners for execution of the decree passed in their favour on reference which was registered as Execution Case No.4 of 1998 has not made any progress although the appeal preferred by the respondents against the judgement and decree of the reference court stood dismissed on 18.4.2015.
It has been contended by learned counsel for the petitioners that a suitable direction be issued to the executing court to decide the Execution Case No.04 of 1998 within a specified period.
To the aforesaid prayer made by learned counsel for the petitioners, learned counsels for the respondents have no objection.
In view of above, we dispose of the writ petition with the direction to the concerned court to decide the Execution Case No.04 of 1998 as expeditiously as possible without granting unnecessary adjournments to either of the parties.
Order Date :- 30.7.2019 Shalini