District Judge, Varanasi, Dr. Ajay Krishna Vishwesh appeared in the Allahabad High Court with the case file. Said, if there has been procedural irregularity then the petitioner is not affected by it. After the court’s order, on November 25, he has returned the execution court’s file and license eviction order. The District Judge said, he has acted in good faith.
On this, the court said, there is no doubt about the bonafides of the district judge. He should have decided the application for condonation of delay in admission under Section 5 of the Time Limitation Act on revision petition. The Court cannot stay the execution of the decree on appeal or revision petition without deciding the petition. Court gave decree on 28 March 22. Revision petition was filed against it on 7 May 22 with section 5.
There was no hindrance in deciding this application. Court said, because the District Judge has returned the file of the execution court. The petitioner has no complaint left. On this, the court directed to fix Section 5 by 5 December. The petitioner advocate also assured not to press the case in the execution court till then. Along with ending the notice against the district judge, the court has disposed of the petition removing the remarks made against the district judge in the order dated 21 November 22. Justice Ajit Kumar has given this order on the petition of Asim Kumar Das.
Let us tell you that a dispute arose regarding two orders of the district judge on the time-barred revision application. The validity of the order passed without deciding the Section 5 application filed with revision was challenged. Due to the order of the District Judge, the building owner was threatening to evict the police force.
The District Judge, while hearing the defective revision petition, had called for the execution court’s file and permission for eviction, whose refund application was also presented. The District Judge said, the order was given in good faith. A detailed order has been issued on the intervention of the High Court. The petitioner has no problem now, accepting which the court disposed of the petition. The court had remarked against the district judge that he is habitual of arbitrariness.
Expansion
District Judge, Varanasi, Dr. Ajay Krishna Vishwesh appeared in the Allahabad High Court with the case file. Said, if there has been procedural irregularity then the petitioner is not affected by it. After the court’s order, on November 25, he has returned the execution court’s file and license eviction order. The District Judge said, he has acted in good faith.
On this, the court said, there is no doubt about the bonafides of the district judge. He should have decided the application for condonation of delay in admission under Section 5 of the Time Limitation Act on revision petition. The Court cannot stay the execution of the decree on appeal or revision petition without deciding the petition. Court gave decree on 28 March 22. Revision petition was filed against it on 7 May 22 with section 5.
Ritika
