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Allahabad High Court

SMT SURAJMUKHIversusSMT VIDYAWATI

Decided

Holding

The writ petition is disposed of with a direction to the Civil Judge (Senior Division)/F.T.C., Bareilly to execute the sale deed and decide Execution Case No. 10 of 2022 expeditiously.

Summary

The petitioner, Smt. Surajmukhi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division)/F.T.C., Bareilly to execute a sale deed and to decide Execution Case No. 10 of 2022 pending before that judge. The petition raised the procedural question of whether the High Court could intervene and order the civil court to dispose of the execution matter. The Court observed that the execution case was still pending and that keeping the writ petition alive would serve no useful purpose. Consequently, the Court disposed of the writ petition, directing the civil judge to execute the sale deed and decide the execution case expeditiously, without unnecessary adjournments, provided no other legal impediment exists. The order effectively streamlines the pending execution proceedings while closing the writ petition.

Issues considered

  • Whether the High Court can direct the Civil Judge to execute the sale deed and decide the pending execution case under its supervisory jurisdiction under Article 227.

Subjects

  • Article 227
  • Writ Petition
  • Execution of Sale Deed
  • Civil Court Direction
  • High Court Supervisory Jurisdiction
  • Pending Execution Case

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                MATTERS UNDER ARTICLE 227 No. - 5328 of 2026

                                    Smt Surajmukhi
                                                                                                     .....Petitioner(s)
                                                                         Versus
                                    Smt Vidyawati
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)                       :   Amar Singh Yadav
                                    Counsel for Respondent(s)                       :

                                    Court No. - 5
                                                         HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. In view of the order which is being proposed to be passed, notices are not
                                    being issued to the respondent.

                                    3. The sole relief claimed in the present petition is for a direction to the Civil
                                    Judge (Senior Division)/ F.T.C., Bareilly to execute the sale deed and decide
                                    the Execution Case No. 10 of 2022 (Smt. Surajmukhi Vs. Smt. Vidyawati)
                                    pending before him.

                                    4. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    5. In view of the above, this writ petition stands disposed of with a direction
                                    to the Civil Judge (Senior Division)/ F.T.C., Bareilly to execute the sale deed
                                    and decide the Execution Case No. 10 of 2022 (Smt. Surajmukhi Vs. Smt.
                                    Vidyawati) pending before him, in accordance with law,
                                    expeditiously without granting unnecessary adjournment provided there is
                                    no other legal impediment.

                                    May 6, 2026
                                    Rajesh
                                                                                               (Vikas Budhwar,J.)




Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad


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