Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 571 of 2019 Petitioner :- Santosh Kumar And 3 Others Respondent :- Additional Civil Judge (Senior Division),Court No. 27, Varanasi And Another Counsel for Petitioner :- Pradeep Kumar Pal
Hon'ble Manoj Kumar Gupta,J.
The sole relief claimed in the instant petition is for issuing a direction to the Executing Court, to decide Execution Case No. 6/2017, expeditiously, within a specified time frame.
It is urged that the petitioners have filed a release application under Section 21 of U.P. Act No. 13/1972, which was registered as P.A. Case No. 38/2004. By order dated 11.11.2010, the Prescribed Authority allowed the release application. The release order was subjected to challenge, but it has attained finality up to this Court, consequent to dismissal of the petition filed by respondent bearing No. 4039 of 2017 under Article 227 of the Constitution. The Execution case filed by the petitioners for execution of release order bearing Execution Case No. 6/2017 is pending since a long time. The petitioners have not been able to obtain possession so far, therefore, the instant petition has been filed.
Having regard to the facts noted above, the instant petition is disposed of by directing the Executing Court to make all endeavour to decide the Execution Case No. 6/2017 as expeditiously as possible, without granting unnecessary adjournments, provided there is no legal impediment.
(Manoj Kumar Gupta, J.) Order Date :- 28.1.2019 AM/-