Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6402 of 2019 Petitioner :- Ramdev Respondent :- Nagar Nigam Gorakhpur Counsel for Petitioner :- Shyamu Shukla Counsel for Respondent :- Sanjay Kumar Tripathi
Hon'ble Manoj Kumar Gupta,J.
The sole prayer made in the instant petition is for issuing direction to the Executing Court to decide Execution Case No.1 of 2014 within a specified time frame.
The execution case referred to above has been registered on the basis of execution application filed by the petitioner alongwith his other brothers for execution of judgement and decree passed by the lower appellate court on 28.4.2014 arising out of Original Suit No.318 of 2001.
A perusal of order sheet reveals that a questionnaire from this Court was filed in the execution proceedings on 26.4.2019. It also shows that there is a request on behalf of opposite party for stay of the proceeding on account of pendency of second appeal before this Court at the behest of Nagar Nigam.
Having regard to the above facts, the instant petition is disposed of with direction to the Executing Court to proceed in the matter in accordance with law by fixing short dates provided there is no stay of proceedings of the execution case or the judgement and decree passed by the appellate court.
(Manoj Kumar Gupta, J.) Order Date :- 27.8.2019 skv