KAFIL AHMAD Vs. JUDGE SMALL CAUSES COURT BIJNOR

JUDGEMENT

(1.) HEARD counsel for the parties and perused the record.

(2.) THE only prayer of the petitioners is that respondent no.1, Judge Small Causes Court, Bijnor may be directed to decide Execution Case No. 4 of 2009 in SCC Suit No. 42 of 1988, Smt. Azizan and others versus Abdul Majid and another expeditiosuly as early as possible within a stipulated time fixed by this Court. According to the petitioners, several dates have been fixed in the aforesaid execution case before the court below and the respondents are not taking interest to get the said decided and that they are trying to linger on the matter, hence the instant writ petition has been filed by the petitioners with the aforesaid prayer.

(3.) IN this view of the matter, the observations made by this Court in the case of Manju Devi (supra) may also be kept in mind by the courts below. Without entering into the merits of the case and in view of the fact that Execution Case No. 4 of 2009 in SCC Suit No. 42 of 1988, Smt. Azizan and others versus Abdul Majid and another is pending before respondent no.1, Judge Small Causes Court, Bijnor, the writ petition is disposed of finally with a direction to respondent no.1 to decide the aforesaid Execution Case No. 4 of 2009 in SCC Suit No. 42 of 1988, Smt. Azizan and others versus Abdul Majid and another within a period of 3 months from the date of production of a certified copy of this order. No order as to costs.