Allahabad High Court
A227/14086/2026 of SURENDRA AND 5 OTHERS Vs STATE OF UP AND 4 OTHERS on 6 October 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 14086 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This is a petition on behalf of plaintiff/decree holder. The suit filed by the plaintiff was decreed wayback in the year 1988. Against the said decree, first appeal was filed
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 14086 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. This is a petition on behalf of plaintiff/decree holder. The suit filed by the plaintiff was decreed wayback in the year 1988. Against the said decree, first appeal was filed by the NOIDA which was dismissed. The matter travelled to Hon'ble Apex Court and order of the trial Court was confirmed. An execution case was filed in the year 1988. During pendency of said case, an application under Order 21 Rule 97 CPC was filed by the State of U.P. and Basic Shiksha Parishad, which was dismissed. Thereafter, a recall application was filed which was allowed on 17.05.2022, which is pending consideration.
2. In the meantime, Executing Court had added certain parties as the respondents in the executing proceedings, against which, decree holder had moved an application for expunging their names which was dismissed, against which, a civil revision which was also dismissed.
3. Learned counsel for the petitioner submits that decree is of the year 1988 and till date it has not been executed and it is pending consideration.
4. As no useful purposed would be served in keeping the matter pending or calling for counter affidavit, writ petition stands disposed of requiring the Executing Court to proceed with application filed under Order 21 Rule 97 CPC and decide the same within two months from the date of production of certified copy of this order and thereafter proceed to decide the Execution Case No.08 of 1997 within next two months, keeping in mind the dictum of Hon'ble Apex Court rendered in case of Periyammal Versus Counsel for Petitioner(s) : Jitendra Nath Tiwari, Prabhat Kumar Singh Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh Surendra And 5 Others .....Petitioner(s) State Of Up And 4 Others .....Respondent(s)
vs. V. Rajamani, 2025 SCC OnLine SC 507.
5. With the aforesaid observations, writ petition stands disposed of. October 7, 2026 SK Goswami A227 No. 14086 of 2026 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad