IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 375 (M/S) of 2007 M/s Raj Kumar Chadda and Associations, old name M/s Raj Kumar Chaddha and Co. 31, Birla Road, District Haridwar, through Sri Raj Kumar Chaddha, Partner and 21 others. ….Petitioners Vs 1. Civil Judge, Senior Division, Haridwar. 2. Sri Sanyasi Sangh (Registered) Sri Guru Bholanand Ashram Bholagiri Road, Monirampur Barrackpore, District 24 Pargana (West Bengal), through its President Sanyasi Sangh aforesaid. 3. Sri Swami Mahamandeleshwar Devanandji Maharaj Saraswati, President, Sanyasi Sangh, Permanent resident of 10, Park Side Road, Calcutta, Presently residing at Sanyasi Sangh, Bholagiri Ashram, Bholagiri Road, Haridwar. 4. Brahamchari Sri Ashokanand Ji R/o Sri Guru Bholanand Ashram, Bholagiri, Monirampur Barrackpore, District 24 Pargana (West Bengal. 5. Sri Swami Bhawatmanand Giri, R/o Sri Guru Bholanand Ashram, Bholagiri Road, Monirampur Barrackpore, District 24 Pargana (West Bengal). …….Respondents Sri Dharmendra Barthwal, learned counsel for the petitioners. Sri Gopal Narain Srivastava, learned brief holder for the respondent No.1. Hon’ble B.S. Verma , J. Heard Sri Dharmendra Barthwal, learned counsel for the petitioners and Sri Gopal Narain Srivastava, learned brief holder for the respondent No.1. The present writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to decide the Execution Case No. 12 of 2001 expeditiously on a day to day basis. Learned counsel for the petitioners has submitted that the appeal was filed against the Judgment and decree passed in Original Suit No. 75 of 1992, M/s Rajkumar Chadha Associates and others Vs. Sri Sanyasi Sangh before Civil Judge (Senior Division), Haridwar. The suit was decreed in favour of the petitioners. The appeal against the said order is pending before the Division Bench and there is no stay order. It is pertinent to mention here that the respondent Nos. 2 to 5 is lingering on the matter on the ground that the appeal is pending before the Civil Judge, Senior Division, Haridwar. The prayer made is innocuous in nature and deserves to be allowed. Having regard to the fact and circumstances of the case , it is provided that if the appellate court has not granted any stay order or there is no legal impediment, then the respondent No.1 shall proceed with the execution and decide the execution application of the petitioners expeditiously preferably within a period of six months from the date of production of the certified copy of this order. The writ petition is disposed of. No order as to costs. All applications stands disposed of accordingly. (B.S. Verma,J) Dated:- 7-5-2007 M.K.