Allahabad High Court
Prem Chandra Jain And Another vs Sushila Devi And 5 Others on 11 February, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 1159 of 2020 Petitioner :- Prem Chandra Jain And Another Respondent :- Sushila Devi And 5 Others Counsel for Petitioner :- Yogendra Kumar Srivastava,Anita Srivastava Hon'ble Ajay Bhanot,J.
The judgment and decree was rendered by the learned trial court in the suit instituted by the petitioner, registered as Original Suit No. 66 of 1981 (Prem Chandra Jain Vs. Smt. Sushila Devi and Others), on 23.07.1987.
The defendants took the judgment and decree of the learned trial court in appeal which was registered as Civil Appeal No. 130 of 1987 (Smt. Sushila Devi and Others Vs. Prem Chandra Jain). The appeal was dismissed by the learned appellate court by the judgment and order dated 24.08.1995. Thereafter some miscellaneous proceedings happened before the learned appellate court at the instance of the defendants. Subsequently the aforesaid proceedings came to an end, the judgment of the learned appellate court attained finality. The petitioner put the judgment and decree in execution by instituting Execution/Ijra Case no. 09 of 2000 (Prem Chandra Jain Vs. Smt. Sushila Devi and Others).
Shri Yogendra Kumar Srivastava, learned counsel for the petitioners further submits that the petitioners are being denied their hard won fruits of litigation because of inordinate delay in deciding the execution proceedings.
I see merit in the submission of the learned counsel for the petitioners. A perusal of the ordersheet shows that the execution proceedings are being adjourned and a final decision is being inordinately delayed for no good reason or valid basis in law.
In view of the preceding discussion, the matter is remitted to the learned executing court / the learned Civil Judge (Senior Division), Mainpuri, before whom the Execution /Ijra Case No. 09 of 2000 (Prem Chandra Jain Vs. Smt. Sushila Devi and others), is pending to execute the following directions:
(I) The learned executing court / the learned Civil Judge (Senior Division), Mainpuri, is directed to decide the Execution Case No. 09 of 2000 (Prem Chandra Jain Vs. Smt. Sushila Devi and others), within a period of six months from the date of receipt of a certified copy of this order.
(II) The learned executing court / the learned Civil Judge (Senior Division), Mainpuri, shall not grant any unnecessary adjournment to the parties.
(III) In case any adjournment is granted in the paramount interest of justice, the learned executing court / learned Civil Judge (Senior Division), Mainpuri, shall impose costs not below Rs. 3,000/- for each adjournment.
(IV) In case the counsel for any party does not appear before the learned executing court / the learned Civil Judge (Senior Division), Mainpuri, on any date on the ground of strike of advocates, the learned executing court / the learned Civil Judge (Senior Division), Mainpuri, shall not permit such counsel (of either party) to appear in this case on future dates.
(V) The learned executing court / the learned Civil Judge (Senior Division), Mainpuri, shall, if required, proceed with the trial on a day to day basis to ensure that the above stipulated time period of six months is strictly adhered to.
With the aforesaid direction, the petition is finally disposed of.
Order Date :- 11.2.2020 Dhananjai