Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5590 of 2019 Petitioner :- Savita Co-Operative Housing Society Limited Respondent :- Additional Civil Judge First (J.D.) Kanpur Nagar And Another Counsel for Petitioner :- Ram Swaroop (Singh),Shivakant Singh Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the executing court to conclude the proceedings of Execution Case No.4 of 2006 expeditiously.
The petitioner, who is decree holder, is executing the decree passed in his favour in the year 1989.
Learned counsel for the petitioner points out that objection under Section 47 filed by the judgment debtor was dismissed by the executing court and the said order was affirmed by this Court and by Supreme Court but the execution proceedings have not been concluded so far.
A perusal of the record of the petition reveals that on 31.3.2015, this Court in a matter under Article 227 bearing No.1043 of 2015 claiming the same relief, had directed the executing court to decide the execution proceedings, by fixing short dates and without granting unnecessary adjournments.
Since there is already a direction by this Court, therefore, no purpose would be served in repeating the same direction. However, it is left open to the petitioner to bring the fact regarding passing of the order dated 31.3.2015 before the executing court and if the executing court still did not comply with the directions given in the said order, it shall be open to the petitioner to proceed in accordance with law.
With the above observations, the petition stands disposed of.
(Manoj Kumar Gupta, J) Order Date :- 25.7.2019 SL