Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5040 of 2021 Petitioner :- Smt.Usha Shalya Respondent :- Agra Development Authority Counsel for Petitioner :- Kumar Anish
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i). Direct the Additional District & Session Judge, Court No.- 26, Agra District- Agra to decide the Execution Case No.- 116 of 2021 (Smt. Usha Shalya vs. A.D.A.) within stipulated time period as Hon'ble Court think deem fit."
Considering overall facts and circumstances of the case, the petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid case bearing Execution Case No.- 116 of 2021 (Smt. Usha Shalya vs. A.D.A.) and in case misc. application under Section 47 of Code of Civil Procedure is filed the same shall also be decided before concluding the execution case, strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eight months from the date of production of copy of this order.
It is clarified that the procedure prescribed for deciding execution case, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic of SARS COV-2/ Covid 19 resulting in the suspension of public movement and/ or judicial work in the district concerned.
It is provided that order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 7.10.2021 Atmesh