Allahabad High Court
Chilharu vs The Upper District Judge Court No. 1 & ... on 4 January, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- WRIT - C No. - 69439 of 2009 Petitioner :- Chilharu Respondent :- The Upper District Judge Court No. 1 & Ors. Petitioner Counsel :- J.P. Mishra Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
Suit filed by the plaintiff respondent seeking ejectment of the petitioner from the land in dispute was decreed . On an appeal filed by the petitioner, the decree was modified and was confined only to the letters A B C D, and X Y Z and the construction standing thereon. With respect to other land and construction standing thereon, the suit was dismissed. The decree was put to execution. The execution proceedings, it appears, were being delayed on one pretext or the other by the judgment-debtor the petitioner. He moved an application on 27.8.2002 raising certain objections that the execution was barred by time and the decree passed by the appellate court have not been mentioned in the execution application and the decree holder may give clear map on the basis of which he wants to obtain the possession. The Executing Court vide order dated 29.8.2002 dismissed the application of the petitioner holding that the decree of the court below is part of the record and the same has been forwarded along with Parvana to Ameen. The Executing Court further found that the execution is well within time and not time barred as alleged by the petitioner. The Executing Court further recorded a finding that the execution shall take place in accordance with the decree passed by the appellate Court. The petitioner went up in revision. The Revisional Court has also confirmed the finding recorded by the trial court and dismissed the application.
The judgment passed by the executing Court as well as revisional Court do not suffer from any infirmity or illegality which may warrant interference by this Court while exercising jurisdiction conferred by Article 226 of the Constitution. The writ petition accordingly fails and stands dismissed. The Executing Court is directed to proceed with the execution proceedings as expeditiously as possible.
Order Date :- 4.1.2010 Sh