Allahabad High Court
Ram Bahadur vs District Magistrate Pratapgarh & ... on 9 February, 2021
Bench: Devendra Kumar Upadhyaya, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 3240 of 2021 Petitioner :- Ram Bahadur Respondent :- District Magistrate Pratapgarh & Others Counsel for Petitioner :- Lalji Yadav Counsel for Respondent :- C.S.C. Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Manish Kumar,J.
Heard learned counsel for petitioner and learned Standing Counsel for the State-respondents.
The petitioner had instituted a suit for ejectment under Section 134 of U.P. Revenue Code, 2006, which has been decreed by the trial court i.e. court of Sub-Divisional Officer, Lalganj, Pratapgarh vide its judgment and order dated 09.07.2020. Against the said order, the defendant in the suit has preferred an appeal where an order has been passed by the appellate court on 04.09.2020 whereby the appeal has been admitted and it has been ordered that till further orders recovery of the amount of damages awarded to the petitioner by the trial court in its order dated 09.07.2020 shall not be made. Now this petition has been filed with the assertion that since there is no interim order staying the decree of eviction by the appellate court, an appropriate direction may be issued for executing and implementing the order dated 09.07.2020 by which the decree for ejectment was granted in favour of the petitioner.
We are of the opinion that for executing the decree for ejectment, appropriate remedy to the petitioner is to institute execution proceedings under the relevant provisions and for the said purpose, this petition would not be maintainable. Thus the petition is disposed of with liberty to the petitioner to institute appropriate proceedings seeking execution of decree for ejectment before the appropriate court.
Order Date :- 9.2.2021 Renu/-