DURGA RANI AND OTHERS Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2007-10-188
HIGH COURT OF ALLAHABAD
Decided on October 05,2007

Durga Rani And Others Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

S.U.Khan, J. - (1.) Heard learned Counsel for the petitioner.
(2.) For execution of decree for eviction passed in S.C.C. Suit No. 356 of 1977, which was affirmed by revisional Court on 14.1.1988, Execution Case No. 22 of 1988 is pending before Additional Judge Small Causes Court, Bareilly. Meanwhile building in dispute had been got allotted by Respondent No. 3. The said allotment order was set aside in revision through order dated 4.12.1999. The said order of the Revisional Court was affirmed by this Court, through order dated 10.3.2000 passed in Writ Petition No. 12707 of 2000. Since 4.12.1999 petitioner became entitled to possession. It is very unfortunate that even after expiry of almost 8 years the execution application has not been decided by the learned Additional Judge Small Causes Court, Bareilly.
(3.) Learned Additional Judge Small Causes Court, Bareilly is directed to positively decide the execution application within three months from the date of production of a certified copy of this order before him otherwise an adverse entry will be recommended to be made in his character roll to the effect that the Presiding Officer is not capable of even deciding petty matters for several years. Absolutely no un-necessary adjournment shall be granted and if the Court is inclined to grant adjournment in any form to any of the parties, then it shall be granted only for 3-4 days and that too on payment of a very heavy cost, which shall not be less than Rs. 1,000/- per adjournment.;


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