Allahabad High Court
Sunil Kumar Gupta vs Rajkumar And 5 Others on 15 May, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:104542 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5538 of 2023 Petitioner :- Sunil Kumar Gupta Respondent :- Rajkumar And 5 Others Counsel for Petitioner :- Sanjay Mishra Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submitted that petitioner- plaintiff has filed Suit No. 13 of 2015, which was decreed in his favour vide order dated 10.01.2022. The said order was under challenge before this Court in Matters Under Article 227 No. 9221 of 2022 and this Court vide order dated 19.10.2022 has granted conditional stay order subject to deposit of decretal amount within certain time and continued to pay Rs. 1,000/- towards use and occupation of the premises in question on or before 7th day of each month to begin from November, 2022. He next submitted that said was never complied with rather respondents- defendant has filed application dated 06.12.2022 to pass the tender to deposit the money in question upon which petitioner- plaintiff has filed objection dated 17.2.2023 with specific averment that condition so imposed has not been complied with within the time given by the Court. He next submitted that the said application of respondents- defendant was connected with execution application and till date, neither execution application nor application has been decided. He next submitted that a direction may be issued to Civil Judge (Senior Division)/ FTC, Etawah to decide the application dated 06.12.2022 and thereafter proceed to complete the execution proceeding.
Under such facts and circumstances of the case, petition is disposed of with direction to Civil Judge (Senior Division)/ FTC, Etawah to decide the application dated 06.12.2022 considering the objection of petitioner- plaintiff dated 17.02.2023. While deciding the application, he shall verify the conditions so imposed by this Court vide order dated 19.10.2022 in Matters Under Article 227 No. 9221 of 2022 have been complied with or not. In case, if the same is not complied with, he shall pass reasoned order upon the application and proceed to decide the execution proceeding maximum within a period of three months from the date of production of certified copy of this order.
Order Date :- 15.5.2023/Arvind