Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3112 of 2021 Petitioner :- Ram Ashcharya Mishra Respondent :- Civil Judge And 11 Others Counsel for Petitioner :- Dharmendra Kumar Tripathi
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submits that Execution Case No.8 of 2002 (Shiv Murat Vs. Ram Kishun and others) is pending for last 19 years before the Civil Judge (J.D.), City Jaunpur.
It is argued by learned counsel for the petitioner that earlier also petition under Article 227 No.649 of 2015 was filed by the applicant, which was finally disposed of by this Court vide judgement and order dated 19.02.20215. The order dated 19.2.2015 is reproduced hereinbelow :-
"Plaintiff-petitioner, who is 70 years old senior citizen, has instituted proceedings for execution of the decree passed in the year 1990, which has remained pending since the year 2002. It is stated that the court concerned is merely granting adjournment in the matter and only dates are being fixed. A prayer has been made to direct the court concerned to expedite the proceedings.
Considering the above, the petition stands disposed of, with the observation that the court concerned shall forthwith expedite the proceedings of Execution Case No.8 of 2002 and conclude the same, in accordance with law, without granting unnecessary adjournment to either of the parties, at the earliest possible, by fixing short dates. No adjournment in the matter would be granted except upon payment of cost, which shall not be less than Rs.500/- for a day. The court concerned will bear in mind that situations like one appearing in the matter creates suspicion in the minds of the litigants with regard to the effectiveness of the justice delivering system itself, and therefore, the court will make all endevours to conclude the proceedings forthwith, unless there is any illegal impediment in doing so."
Learned counsel for the petitioner submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have willfully not complied with the order and, thus, have committed civil contempt.
From perusal of the record and other circumstances, this court is of the opinion that due to Covid-19 and other circumstances, the court below would not function properly despite this. The concerned court below is directed to decide the aforesaid case as expeditiously as possible positively within ten months.
Accordingly, the present petition is disposed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 Pramod Tripathi