Smt. Lajjawati And 2 Others v. Keeping in view the nature of relief sought and the order proposed
Case at a glance
Outcome
Disposed of
In these circumstances, the instant petition is disposed off by issuing a direction to
Provisions considered
- Constitution of India art. 227
- Code of Civil Procedure, 1908 O. 21 r. 35; s. 47
Key paragraphs
- Para 55. Learned counsel for the petitioner has submitted that the judgment debtor has filed an application under Section 47 CPC, which already stands dismissed way back on
Judgment
Smt. Lajjawati And 2 Others Versus .....Petitioner(s) .....Respondent(s) Counsel for Petitioner(s) Counsel for Respondent(s) : Vikas Chandra Dwivedi, Padmanabh Tiwari : Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
Heard Shri Padmanabh Tiwari, the learned counsel for the petitioner.
Keeping in view the nature of relief sought and the order proposed to be passed, issuance of notice to the opposite parties is dispensed with.
By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Additional Civil Judge, S.D. Court No.43 Lucknow to decide Execution Case No.23 of 2018 expeditiously.
The aforesaid execution application was filed by the petitioner for execution of a decree dated 08.12.2017, on 05.04.2018. On 16.07.2018, the executing court issued a writ of possession under Order 21 Rule 35 CPC and directed the Amin to submit a compliance report by 30.07.2018.
Learned counsel for the petitioner has submitted that the judgment debtor has filed an application under Section 47 CPC, which already stands dismissed way back on
03.01.2023. However, the decree holder is yet to get usufruct of the decree.
Operative part
In these circumstances, the instant petition is disposed off by issuing a direction to Additional Civil Judge, S.D. Court No.43 Lucknow to decide execution case No.23 of 2018 expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals. November 21, 2025 -Amit K- (Subhash Vidyarthi,J.) AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In these circumstances, the instant petition is disposed off by issuing a direction to
Which statutory provisions did this judgment involve?
Constitution of India — art. 227; Code of Civil Procedure, 1908 — O. 21 r. 35; Code of Civil Procedure, 1908 — s. 47.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.