2026 Supreme(Online)(All) 98255
HIGH COURT OF JUDICATURE AT ALLAHABAD
Smt. Nirmala Devi (Since Deceased)…..Petitioner(s)
Versus
Punjab National Bank and 3 others …..Respondent(s)
Counsel for Petitioner(s) : Chandra Bir Singh
Counsel for Respondent(s) : Krishna Mohan Asthana
AFR
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
(Dr. Yogendra Kumar Srivastava,J.)
October 28, 2026
RKK/-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
HIGH COURT OF JUDICATURE AT ALLAHABAD
Smt. Nirmala Devi (Since Deceased)…..Petitioner(s)
Versus
Punjab National Bank and 3 others …..Respondent(s)
Counsel for Petitioner(s) : Chandra Bir Singh
Counsel for Respondent(s) : Krishna Mohan Asthana
AFR
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Vikrant Rana, learned Senior Counsel appearing along with Ms Nilakshi Tripathi, for the petitioner and Sri Krishna Mohan Asthana, learned counsel appearing on behalf of respondent Nos.1 to 3, namely, Punjab National Bank and its officials. The record of the petition, including the relevant orders passed in the execution proceedings, has been perused.
2. Learned counsel appearing on behalf of respondent Nos.1 to 3 submits that the Bank has no objection to the relief sought in the present petition, in view of the fact that the keys of the premises have already been deposited before the executing court on 01.04.2026 in compliance with the order dated 11.03.2026 passed by this Court in Civil Revision No. 614 of 2012.
3. The present petition under Article 227 of the Constitution of India seeks a direction to the Additional District Judge, Court No.18, Meerut, for expeditious disposal of the objection filed by respondent No.4, Meerut Sahkari Awas Samiti Limited, under Order XXI Rule 97 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”), registered as Miscellaneous Case No.712 of 2025, and for consequential consideration of the petitioner’s application seeking release of the keys and delivery of possession in Execution Case No.7 of 2025, arising out of SCC Suit No.52 of 2010. The relief sought is procedural in nature and does not require this Court to determine the maintainability or merits of the pending objection or the substantive rights asserted by respondent No. 4.
4. Having regard to the limited nature of the relief sought, the statement of no objection made on behalf of respondent Nos. 1 to 3, and the fact that the directions contemplated herein concern the expeditious progress of proceedings pending before the executing court without determining the rights of respondent No. 4, this Court does not consider it necessary to issue formal notice to respondent No. 4 for the present purpose. Notice to respondent No. 4 is, accordingly, dispensed with. It is clarified that this order shall not prejudice the right of respondent No. 4 to contest the pending proceedings in accordance with law, and no opinion is expressed herein on the maintainability or merits of its objection.
5. The supervisory jurisdiction of this Court under Article 227 of the Constitution of India has been invoked by the petitioner seeking a direction to the Additional District Judge, Court No.18, Meerut, to decide the objection filed by respondent No. 4 under Order XXI Rule 97 CPC, registered as Miscellaneous Case No.712 of 2025, and thereafter to consider the petitioner’s application for release of the keys and delivery of possession in Execution Case No.7 of 2025, arising out of SCC Suit No. 52 of 2010, within a reasonable and time-bound period.
6. The original plaintiff, Smt. Nirmala Devi, instituted SCC Suit No. 52 of 2010 against Punjab National Bank and its officials in respect of premises bearing No. A-38, Saket, Meerut, seeking eviction and recovery of arrears of rent. The suit was decreed on 27.08.2012, directing the defendants to hand over possession of the premises to the plaintiff. The decree was challenged by the Bank in Civil Revision No.614 of 2012 before this Court.
7. During the pendency of the suit, Meerut Sahkari Awas Samiti Limited moved an application under Order I Rule 10 read with Section 151 CPC seeking its impleadment in the proceedings. The said application was rejected by the trial court on 25.01.2012. The significance and legal effect of that order, particularly in relation to the objection subsequently filed by the Society in the execution proceedings, are matters which may require consideration by the