Neutral Citation No. - 2025:AHC-LKO:24772 Court No. - 6 Case :- WRIT - A No. - 1005752 of 1981 Petitioner :- Nirmal Kumar And Another Respondent :- Iind Additional District Judge Lucknow Counsel for Petitioner :- D.K. Sharma,Mohd Shadab Khan,P.K.Khare Counsel for Respondent :- C.S.C.,Arvind Sinha,B.C. Agarwal,S.K. Srivastava Hon'ble Pankaj Bhatia,J. Order on I.A. No.2 of 2021: 1. It is informed by the office that substitution application is not traceable. 2. Learned counsel for the applicant/petitioner has handed over across the Bar a copy of the substitution application. The same is taken on record and is being treated as an original application. 3. The application seeks condonation of delay in filing the substitution application. 4. Cause shown is sufficient. 5. The application is allowed. 6. Delay in filing the substitution application is condoned. Order on I.A. No.3 of 2021: 7. The application seeks substitution of legal heirs of petitioner no.3. 8. The application is allowed. 9. Let necessary substitution be carried out during the course of the day. Order on I.A. No.1 of 2021: 10. The application seeks setting aside abatement of the petition insofar as it relate to petitioner no.3. 11. In view of the order passed in the substitution application, the application is allowed. 12. Abatement is set aside. Order on Writ Petition: 13. Present petition has been filed challenging the proceedings initiated under the Provincial Small Cause Court Act for ejectment and arrears of rent. 14. The said suit filed by the original petitioner was decreed on 31.10.1980 and a decree for arrears of rent was also passed. Subsequently, in the revision it was recorded that the original tenant Jetha Nand has already vacated the property in question and the revision was allowed vide judgment dated 26.10.1981 wherein it was held that as the Jetha Nand has vacated the property, the decree passed by the JSC Court in respect of arrears of rent was confirmed. 15. Considering the fact that present petition has been filed and the fact remains that Jetha Nand, the original tenant, has already vacated the premises, no interference is called for in the present petition. 16. Present petition is accordingly dismissed. 17. It is informed that petitioner no.3 has filed a second appeal, thus, it is made clear that this order shall not affect the outcome of the second appeal. Order Date :- 30.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench