Allahabad High Court
A227/14019/2026 of ANAND SHANKAR PRASAD Vs SHIVALA MAHADEV AJNAAM AND 28 OTHERS on 5 October 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 14019 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. It is contended that the suit filed filed by plaintiff in the year 1966 was decreed, against which, an appeal was filed which was dismissed. Thereafter, execution proceedings
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 14019 of 2026
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
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1. It is contended that the suit filed filed by plaintiff in the year 1966 was decreed, against which, an appeal was filed which was dismissed. Thereafter, execution proceedings were initiated by plaintiff/decree holder in the year 2020 which were stayed by the order of Executing Court on 14.03.2022. In the meantime, respondents no.1 & 2 had filed an application under Order 21 Rule 97 CPC which is pending consideration.
2. After some argument, learned counsel for the petitioner submits that he is not pressing the prayer made in the writ petition and only confining for a direction upon the Court below to decide the application filed under Order 21 Rule 97 CPC by respondents no.1 & 2.
3. In view of the said fact, as no useful purpose would be served in keeping the matter pending or calling for counter affidavit, or issuing notice to the private respondents, at this stage, the writ petition is being disposed of directing the Court below to decide application filed under Order 21 Rule 97 CPC, 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, considering.
4. With the aforesaid direction, present writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the case on merit. October 6, 2026 SK Goswami Versus Counsel for Petitioner(s) : Ashok K Pandey, Praveen Kumar Srivastava Counsel for Respondent(s) :
(Rohit Ranjan Agarwal,J.) Anand Shankar Prasad .....Petitioner(s) Shivala Mahadev Ajnaam And 28 Others .....Respondent(s) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad