A petition was recently filed before the Hon’ble Justice Anjani Kumar Mishra of the Allahabad High Court. Petitioner prayed for Execution of Decree by issuing Mandamus.
Writ for Execution of Decree:-
The petitioner requested the Court to issue a writ in the nature of Mandamus and direct the Sub Divisional Magistrate to execute the final decree in a suit of partition.
Abuse of Process of Court
The Hon’ble Judge opined that a final decree has to be executed by the trial.
Court observed that petitioner directly approached the High Court instead of filing an execution petition before the Trial Court.
Court observed that the petitioner had abused the process of law, therefore a cost of Rs. 2500 was imposed on the petitioner.
As such considering the above legal position, the Allahabad High Court dismissed the petition.
Title: Sonpal vs Sub Divisional Magistrate & Ors
Case No. WRIT – C No. – 14669 of 2020
Date of Order: 19.10.2020
Coram: Hon’ble Justice Anjani Kumar Mishra