SRIRAM INVESTMENT LTD. versus RAJNEESH SHARMA & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Sriram Investment Ltd. v. Rajneesh Sharma & Another - WRIT - C No. 18022 of 2007 [2007] RD-AH 6281 (5 April 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This writ petition has been filed for quashing the proceedings of Execution Case No.1 of 2001 (Rajneesh Sharma Vs. Sriram Investement Ltd.) pending in the Court of XII Additional District Judge, Agra.

It has been stated in the petition that as the respondent no.1 Rajneesh Sharma has not complied with the terms and conditions of the judgment and decree of the trial Court, the decree cannot be executed and, therefore, the proceedings of execution case should be quashed. From the records we find that the petitioner has already filed objections/additional objections under Section 47 of the Code of Civil Procedure and the matter is engaging the attention of the Executing Court.

In such circumstances we are not inclined to quash the proceedings of the Execution Case but in view of the peculiar facts of the case, we direct the Executing Court to decide the aforesaid Case No. 1 of 2001 expeditiously preferably within a period of six months from the date of filing of a certified copy of this order before the Court provided there is no interim/stay order of any Court staying the proceedings before the Court.

Date: 5.4.2007

GS-18022-07

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