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2025 DAILYLAW 103253 (ALL)

SHRI TEERATH AND 7 OTHERS v. SHRI MAHENDRA KUMAR GOYAL

A227/12272/2025 · 2025-10-06

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12272 of 2025 Court No. - 36 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Plaintiff- respondent had filed S.C.C. Suit No.33 of 2010 for the possession of part of property No.18/57, Nagla Ganga Ram near Hasanpur, Lohamandi, Agra. The arrears of rent was also claimed in the said suit. 2. In the written statement filed by the defendants-petitioners, it was admitted that they are owner in possession of property No.18/56 and part of property No.18/57. It was also alleged that the grandfather of defendants- petitioners, Kali Charan @ Kangaliya had purchased the property vide sale deed dated 03.07.1939, but without any disclosure as to which property was purchased. The trial Court decreed the suit on 07.04.2025 and directed the defendants-petitioners to deliver the possession within two months, and also to pay the balance amount of rent. 3. Aggrieved by the said judgment, a S.C.C. revision under Section 25 of Provincial Small Cause Courts Act, 1887 was also filed which is pending consideration. Petitioners are aggrieved by the order dated 01.09.2025 requiring the conditions imposed for depositing the entire decretal amount on staying the execution proceedings. 4. I have heard Sri Rishi Chadha, learned counsel for the petitioners at length and counsel representing the plaintiff-respondent. 5. After hearing counsel for both the parties, I find that no case for interference is made out, as it is an admitted case that plaintiff-respondent is the owner in possession of part of property No.18/57, and the suit so filed by him was decreed for eviction as well as for arrears of rent. Versus Counsel for Petitioner(s) : Rishi Chadha Counsel for Respondent(s) : Gaurav Srivastav, Rajesh Kumar Srivastava Shri Teerath And 7 Others .....Petitioner(s) Shri Mahendra Kumar Goyal .....Respondent(s) 6. No interference is required in the order impugned imposing the conditions for staying the execution proceedings. 7. Writ petition fails and is hereby dismissed. October 7, 2025 SK Goswami A227 No. 12272 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad