Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 4128 of 2018 Petitioner :- Om Prakash Gupta Respondent :- Civil Judge (J.D.) Tilhar And 5 Others Counsel for Petitioner :- Gaurav Tripathi
Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed praying for a direction to the respondent no. 1 - Civil Judge (Junior Division), District Shahjahanpur to decide Civil Misc. Case No. 12 of 2017 which is an execution case arising out the decree in P.A. Case No. 3 of 2008 (Om Prakash Gupta Vs. Smt. Idreesha Begum & others) expeditiously within the stipulated time period.
Learned counsel for the petitioner submits that the Release Application of the petitioner / landlord was allowed on 21.7.2005 by the Prescribed Authority / Civil Judge (Junior Division), Shahjahanpur. Against the said order of release, the tenant preferred an Appeal No. 67 of 2015. The Appellate Court rejected the Appeal on 16.12.2016.
Thereafter, the petitioner filed an execution case under Section 23 of U.P. Act No. 13 of 1972 which is pending before the Prescribed Authority for the past two years.
I have heard the learned counsel for the petitioner and I find that when the release order has been confirmed by the Appellate Court and no other litigation is pending, the Prescribed Authority should pass appropriate orders under Section 23 of U.P. Act No. 13 of 1972 for delivery of possession by the respondent nos. 2 to 6 to the petitioner forthwith.
Accordingly, this petition is disposed of with a direction to the Prescribed Authority to take appropriate decision in the matter in accordance with law within a period of two months from the date a certified copy of this order is produced before him.
Order Date :- 31.5.2018 Arif