SAHDEV Vs. SANT LAL

JUDGEMENT

(1.) This writ petition has been seeking a direction upon Additional Civil Judge (Junior Division), Judicial Magistrate, Court No. 24, Azamgarh to expedite the execution case no. 26 of 1990.

(2.) Plaintiff-petitioner who is a decree-holder had instituted a civil suit no. 30 of 1983 which was decreed by judgment and decree dtd. 10/8/1987. Against the said judgment, a recall application under Order IX Rule 13 CPC was moved by defendant which was dismissed on 24/1/2000. A supplementary affidavit has been filed wherein in para no. 2, it has been stated that against the order dtd. 24/1/2000, no appeal or revision was preferred by defendant and judgment and decree stands absolute. According to him, execution case was filed in the year 1990 which is still pending consideration and 35 years have already elapsed.

(3.) As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Additional Civil Judge (Junior Division), Judicial Magistrate, Court No. 24, Azamgarh to decide the Execution Case No. 26 of 1990 (Sahdev vs. Hari Mangal), in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order.