High Court of Judicature at Allahabad
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Rajneesh Agarwal & Another v. A.C.J. (sr. Division) & Others - WRIT - C No. 58452 of 2005  RD-AH 2718 (12 September 2005)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
The petitioners being landlord instituted a SCC suit no. 35 of 1993 for arrears of rent ejectment against two private respondents, which was decreed on 20.5.1998. A revision preferred by defendant was partly allowed by the District Judge. However, the decree for eviction was confirmed. Thereafter, a writ petition no. 38550 of 1998 filed by respondents no. 2 and 3 was dismissed by this Court on 8.5.2001. The petitioner filed execution case no. 3 of 2001 in which objections have been filed u/s 47 C.P.C., which have been registered as misc. case no. 1 of 2001. These objections have been pending for past four years, which is unfortunate.
In the circumstances, it is directed that the Executing Court will expedite the disposal of these objections as well as the execution case to the extent to which it may be possible, having due regard to other older or more urgent matters on the Board of that Court and the disposal of the execution case will proceed without grant of undue or unduly long adjournment to the judgment debtor. The Executing Court will bear in mind that any objection or defence which could have been taken by the defendant in the suit, should not be permitted to be raised in the execution proceedings.
The writ petition is disposed of as above.
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