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Allahabad High Court

MOHAMMAD SHAMS ALAM AND 6 OTHERSversusSHAUKAT ALI AND 24 OTHERS

Decided

Holding

The execution court must conclude the execution proceeding without unnecessary adjournments where no legal impediment exists.

Summary

The petitioners, decree‑holders, filed a petition under Article 227 alleging that despite a decree in their favour, the execution of the decree in Execution Case No. 21 of 2025 (Shams Alam v. Shaukat Ali) was being unduly delayed. They pointed to a Supreme Court judgment in Civil Appeal Nos. 3640‑3642 of 2025 (Periyammal (Dead) Through LRS & Ors. v. V. Rajamani & Anr.) and a High Court circular dated 24‑05‑2025 that emphasise prompt disposal of execution proceedings. The Court held that once an execution suit is filed and no legal impediment exists, the execution must be given a logical end so that decree‑holders can enjoy their rights. Accordingly, the Court directed the executing court to decide the execution case expeditiously and to refrain from granting unnecessary adjournments. No substantive legal impediment was found to justify further delay. The petition was disposed, with the order that the execution court take appropriate steps to conclude the matter.

Issues considered

  • Whether the execution court must expedite Execution Case No. 21 of 2025 in the absence of any legal impediment.
  • Whether the Supreme Court judgment and the High Court circular are binding on the execution court to prevent unnecessary adjournments.

Subjects

  • execution of decree
  • Article 227
  • Supreme Court precedent
  • adjournments
  • Civil Procedure Code
  • prompt disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                    MATTERS UNDER ARTICLE 227 No. - 6850 of 2026

                                    Mohammad Shams Alam And 6 Others
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    Shaukat Ali And 24 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                            :    Babhru Vahan Singh
                                    Counsel for Respondent(s)                            :

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

                                    1. Heard.

                                    2. The case of the petitioners-decree-holders is that despite the fact, the decree stands
                                    passed in favour of the plaintiff-petitioners, an execution proceeding has been initiated
                                    being Execution Case No.21 of 2025 (Shams Alam Versus Shaukat Ali) but the same is
                                    not being given a logical end, despite the fact that there happens to be a judgment of
                                    the Hon'ble Supreme Court in Civil Appeal No.3640-3642 of 2025, (arising out of
                                    SLP (C) Nos. 8490-8492 of 2020), Periyammal (Dead) Through LRS & Ors. Vs V.
                                    Rajamani & Anr. and the Circular of the High Court dated 24.05.2025.

                                    3. In the opinion of the Court, once an Execution Case is preferred, and there is no
                                    legal impediment, then the execution is to be given a logical end, so that the parties
                                    may reap the fruits for the harvest which they have made.

                                    4. Accordingly, the petition stands disposed of requiring the executing court to take
                                    appropriate steps and endeavour to decide the Execution Case No.21 of 2025 (Shams
                                    Alam Versus Shaukat Ali), with most expedition, without granting any unnecessary
                                    adjournments, subject to legal impediment.

                                    May 18, 2026
                                    N.S.Rathour
                                                                                                       (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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