Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 2821 of 2018 Petitioner :- Smt. Premwati And 5 Others Respondent :- Moradabad Development Authority And Another Counsel for Petitioner :- Deep Chandra Joshi Counsel for Respondent :- Satish Chaturvedi,C.S.C.
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioners; the learned Standing Counsel for the respondent no.2; Sri Pankaj Srivastava holding brief of Sri Satish Chaturvedi for the respondent no.1; and perused the record.
The present petition has been filed for a direction upon the court concerned to decide Execution Case No. 9 of 1993 (Jugal Kishore v. Moradabad Development Authority), within a stipulated period.
The case of the petitioners is that there is an award in favour of the petitioners passed in Land Acquisition Reference No. 47 of 1990 against which Moradabad Development Authority had filed an appeal before this Court (First Appeal No. 296 of 1993) which was dismissed as having abated by order dated 09.07.2015 and therefore there is no legal impediment in proceeding further with the execution proceeding but the said execution proceeding has not been brought to its logical conclusion.
Sri Pankaj Srivastava holding brief of Sri Satish Chaturvedi, who appears for the first respondent, states that an application for restoration of the appeal is pending.
Be that as it may, it is for the execution court to consider whether there is any legal impediment in proceeding further with the execution case or not and therefore it is left open for the petitioners to apply to the execution court to proceed further with the execution case and bring it to its logical conclusion. Upon filing of such application, the execution court shall give opportunity to the judgment debtor to produce documents to demonstrate as to whether the execution proceeding can proceed further or not and in absence of any legal impediment in proceeding further with the execution proceeding, the execution court shall endeavour to bring the execution proceeding to its logical conclusion.
With the aforesaid observation/liberty, the petition stands disposed of. Order Date :- 24.4.2018 Sunil Kr Tiwari