Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5211 of 2018 Petitioner :- Smt. Nirmala Singh Respondent :- Learned Judge Small Causes Court/Civil Judge (S.D.) Jhansi And 3 Others Counsel for Petitioner :- Manoj Kumar Sahu
Hon'ble Mahesh Chandra Tripathi,J.
Plaintiff-petitioner is before this Court with a request to direct the respondent no. 1/Learned Judge Small Causes Court/Civil Judge (S.D.), Jhansi to hear and decide the Execution Case No.
46 of 2015 (Rajendra Pal Singh Vs. Kiran Kumar Singh and ors.) expeditiously and if possible within three months.
Learned counsel for the petitioner submits that a suit for partition of the shop in question had been preferred by husband of the petitioner being Original Suit No. 372 of 2012 (Rajendra Pal Singh Vs. Kiran Kumar Singh and Ors.) and the said suit was decreed by judgment and order dated 19.10.2014 passed by learned Civil Judge (J.D.), Jhansi on the basis of compromise filed by the parties to the suit. When the said decree has not been complied by the defendants-respondents, in such a situation, plaintiff-petitioner moved to file the Execution Case No. 46 of 2015 (Rajendra Pal Singh Vs. Kiran Kumar Singh and ors.) on 19.8.2015 in which the notices were issued to the defendants- respondents on the same day but due to one or the reasons, defendants-respondents II set are lingering the proceedings. Even twice, the transfer applications have been preferred and the same were rejected vide orders dated 9.11.2017 and 6.7.2018 and as such, request has been made for expediting the aforesaid Execution Case.
In the facts and circumstances, without issuing notice to the defendants-respondents, the writ petition stands disposed of asking the Court concerned to expedite the proceeding of aforesaid Case and conclude the same, in accordance with law, in case, there is no other impediment, as expeditiously as possible and preferably within six months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018 A.K.Srivastava