Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 3021 of 2019 Petitioner :- Rajju @ Raja Ram (Since Deceased) And 4 Others Respondent :- Madhav Kumar Verma And Another Counsel for Petitioner :- Vishnu Gupta Counsel for Respondent :- Sanjay Singh Sengar
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Vishnu Gupta, learned counsel for the petitioners and Sri Sanjay Singh Sengar, learned counsel appearing for the respondents.
Learned counsel for the petitioners at the very outset submits that he does not wish to press his prayer with regard to quashing of the order dated 06.04.2019 passed by the Additional District Judge/FTC-2016, Mahoba in Civil Revision No.09 of 2018 and also the order dated 23.07.2018 passed by the Civil Judge (Senior Division), Mahoba in Execution Case No.09 of 2007.
In view of the aforesaid submission the petition is dismissed insofar as the said relief is concerned.
As regards the alternative relief wherein a prayer is made for stay of further proceedings in Execution Case No.09 of 2007 for a period of three months or for such reasonable period, it may be observed that against the order dated 16.07.2018 passed by the Executing Court wherein an amount was held to be due against the petitioners judgment debtors, a belated revision registered as against Misc. Case No.26/74 of 2019, has been filed alongwith the delay condonation application which is said to be pending.
The fact with regard to the revision filed against the order dated 16.07.2018 passed by the Executing Court being pending having not been disputed there is no occasion for this Court to pass any order in terms of the alternative relief as prayed for in the present petition.
The petition is devoid of merits and is accordingly dismissed.
It would however be open to the petitioners to press their revision which has been filed alongwith a delay condonation application, and is said to be pending.
Order Date :- 29.4.2019 Shahroz (Dr. Y.K. Srivastava,J.)