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2025 DAILYLAW 104329 (ALL)

HARI OM GUPTA v. VINOD KUMAR GUPTA

A227/12437/2025 · 2025-10-12

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12437 of 2025 Court No. - 36 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Heard learned counsel for the petitioner and perused the material on record. 2. This writ petition has been filed with the following prayers; "i) To an appropriate order or direction to stay the eviction of the defendant/ petitioner from the shop in dispute in pursuance to judgment and decree dated 10.9.2024 passed by the learned Judge Small Causes Court, Kanpur Nagar in S.C.C. Suit No. 328/2007, Vinod Kumar Gupta Vs. Hari Om Gupta, during the pendency of S.C.C. Revision No. 191/2024, Hari Om Gupta Vs. Vinod Kumar Gupta pending before the learned Additional District Judge Court No.1, Kanpur Nagar. ii) To stay the effect and operation of judgment and decree dated 10.9.2024 passed by the learned Judge Small Causes Court, Kanpur Nagar in S.C.C. Suit No.328/2007, Vinod Kumar Gupta Vs. Hari Om Gupta, during the pendency of S.C.C. Revision No. 191/2024, Hari Om Gupta Vs. Vinod Kumar Gupta pending before the learned Additional District Judge Court No.1, Kanpur Nagar." 3. Learned counsel for petitioner submits that suit for arrears of rent and eviction was instituted by the respondent against the petitioner. The said suit was decreed against which a SCC revision has been filed which is pending consideration. Versus Counsel for Petitioner(s) : R.K. Mishra Counsel for Respondent(s) : Hari Om Gupta .....Petitioner(s) Vinod Kumar Gupta .....Respondent(s) 4. After hearing learned counsel for petitioner and perusing the material on record, this Court finds that no case for interference is made out. However, revisional court is directed to decide the stay application filed in the said revision, in accordance with law, within a period of one week from the date of receipt of certified copy of this order and, thereafter, proceed with the revision and decide the same within a period of next one month, strictly in accordance with law. 5. Writ petition stands disposed of. October 13, 2025 Shekhar A227 No. 12437 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad