NARENDRA BHIKHAD MISIR Vs. NARAYAN DEO MISIR

JUDGEMENT

(1.) This writ petition is filed under Art. 227 of the Constitution of India wherein a direction has been sought for upon the executive court to dispose of the Civil Miscellaneous Case No.09 of 2018, arising out of order dated 07.08.2018 passed in Execution Case No.02 of 1999 wherein the application has filed under Sec. 152 read with Sec. 153 of the Code of Civil Procedure for making arithmetical correction, so far as relates to the quantum of interest, has been filed by a petition dated 05.12.2018 as would be evident from statement made at Paragraph-12 of the writ petition, till date no decision has been taken, hence this writ petition.

(2.) Learned counsel for the petitioner submits that the direction may be passed upon the trial court to dispose of the Civil Miscellaneous Case No.09 of 2018 on its own merit without unnecessary delay.

(3.) Having heard the learned counsel for the petitioner and looking to the nature of prayer as sought for in this writ petition, considering the fact that the aforesaid petition has been filed under Sec. 152 read with Sec. 153 of the Code of Civil Procedure being Civil Miscellaneous Case No.09 of 2018 (copy of said petition has been produce in course of the day).