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2025 DAILYLAW 134307 (ALL)

Yogendra Narain AND ANR. v. Nishith Rastogi

SCCR/8/2025 · 2025-04-16

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21403 Court No. - 6 Case :- S.C.C. REVISION No. - 8 of 2025 Revisionist :- Yogendra Narain And Anr. Opposite Party :- Nishith Rastogi Counsel for Revisionist :- Arvind Razdan,Ankur Razdan Counsel for Opposite Party :- Vidya Dhar Upadhyay,Prateek Singh,Siddhant Mani Tripathi Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the revisionist and learned counsel for opposite party. 2. Present revision has been filed challenging an order dated 08.01.2025 whereby the application filed by the revisionist for producing additional evidence was rejected. 3. Contention of learned counsel for the revisionist is that the revisionist was granted the property on lease for a fixed term of five years which ended in the year 2018 and prior to the said, the erstwhile landlord had agreed to sell the property to the revisionist and the revisionist wanted to adduce evidence to substantiate the specific stand taken in the written statement to that effect. 4. The JSC Court has rejected the said application against which present revision has been filed. The JSC Court has also noted the conduct of the revisionist in trying to delay the proceedings and has recorded that the said application is also an attempt to delay the proceedings. 5. From perusal of the material on record, it is clear that the suit has been filed for arrears of rent and ejectment. The stand taken by the revisionist that the erstwhile landlord wanted to sell the property would not have no relevance to the outcome of the suit. 6. Considering the fact that this Court vide order dated 14.02.2025 had directed for completion of proceedings within a period of six months, it was a clear attempt by the revisionist to delay the proceedings to somehow circumvent the directions given vide order dated 14.02.2025 in Writ Petition being Matters Under Article 227 No.758 of 2025. 7. As, admittedly, the revision was pending for a term which ended in the year 2018 and the revisionist has not vacated the premises, the intent to delay the proceedings is evident and present revision is nothing but an abuse of process of law. 8. In view thereof, present revision is dismissed with a cost of Rs.15,000/- which would be payable by the revisionist before the JSC Court within a period of two weeks from today which shall be paid to the opposite party on his moving an appropriate application before the JSC Court. 9. It is further directed that the JSC Court shall ensure that the timeline fixed by this Court in its order dated 14.02.2025 shall be strictly complied with and no adjournment shall be given to any of the parties. 10. At this stage, it is stated by counsel for the revisionist that the matter is fixed for hearing on 24.04.2025 and the revisionist shall advance argument on the said date. 11. In such circumstances, in case the arguments are concluded by the revisionist on the said date, the cost imposed shall stand waived. Order Date :- 16.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench