Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6386 of 2019 Petitioner :- Shiv Kanthlal Respondent :- Harnth Singh And Another Counsel for Petitioner :- Diwanshu Tiwari
Hon'ble Manoj Kumar Gupta,J.
The following prayers have been made in the instant petition :-
(i) to direct the Civil Judge (Senior Division), Kannauj to allow the execution case No.11 of 2012 (case No. CNR no.UPFJ050003192012 (Shiv Kanth Lal Vs. Harnath Singh) in compliance of the judgement and decree dated 23.8.2012 in case No. 156 of 2008 (Shiv Kanth Lal Vs. Harnath Singh) to execute the sale deed in favour of the petitioner/plaintiff land Khasra No.689/0.130 hectares situated in village Ritu Kala, Pargana, Tehsil and District Kannauj amount of Rs.35,000/- and after payment of balance amount of Rs.3,000/- within stipulated period as fixed by this Hon'ble Court, if possible within one month.
(ii) to issue any other suitable order or direction as this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case.
(iii) Award cost of the petition to the Petitioner/plaintiff."
A perusal of the record of the instant petition reveals that Execution Case No.11 of 2012 is pending at the behest of the petitioner for execution of decree dated 23.8.2012 which is for specific performance of an agreement to sell. It also transpires from the order sheet that on 22.5.2019, the Executing Court has noted that objections under Section 47 CPC are still pending disposal.
Although the prayer made is wholly misconceived but taking into consideration the oral submission of learned counsel for the petitioner that a direction be issued to the Executing Court to conclude the proceedings expeditiously, it is hereby provided that the Executing Court shall forthwith proceed to decide the objections under Section 47 CPC by fixing short dates and soon after the objections are disposed of, the execution proceedings shall be brought to their logical conclusion.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J.) Order Date :- 22.8.2019 skv