Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5732 of 2021 Petitioner :- Pushkar Khanna And Another Respondent :- Moradabad Development Authority Counsel for Petitioner :- Akanksha Mishra,Kshitij Shailendra Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and perused the record..
The petitioners are the plaintiffs in the case and has come up before this Court claiming following relief as substantial relief:-
"(i). issue an order to the learned Civil Judge (Senior Division), Moradabad to dispose of Execution Case No.5 of 2020 (Pushkar Khanna & another v. Moradabad Development Authority, Moradabad) as expeditiously as possible, following the mandate as laid down by Hon'ble Supreme Court in Rahul Asah v. Jitendra Kumar Gandhi & others (AIR 2021 SC 2161) and within such shortest possible time frame, which this Hon'ble Court may deem fit proper under the facts and circumstances of the case."
It is argued that the delay is being unnecessarily caused and therefore, case may be expedited.
Having heard learned counsel for the petitioner, I find that the case is of the year 2020 and it is a widely known fact that the State of Uttar Pradesh was badly hit initially by the lockdown during the first waive of pandemic Covid-19 and so also subsequently during the 2nd waive of Covid-19 adversely affecting the judicial functions of the courts in the State.
In such above view of the matter, therefore, this Court does not find it feasible to expedite the case of the year 2020. However, it is expected that the court concerned shall expeditiously dispose of the case in accordance with law.
The petition is disposed of with the aforesaid observations and directions.
Order Date :- 25.10.2021 Atmesh