Neutral Citation No. - 2025:AHC-LKO:22455 Court No. - 6 Case :- WRIT - A No. - 1000038 of 2009 Petitioner :- Smt. Shanti Devi Respondent :- District Judge Balrampur Counsel for Petitioner :- D.C.Mukerjee,B.K.Saxena,Kshemendra Shukla,Ravindra Kumar Singh Counsel for Respondent :- C.S.C.,Mohammad Ehtesham Khan,Q.M.Haque,Shashi Kant Mishra Hon'ble Pankaj Bhatia,J. 1. Despite order of service and filing of affidavit of service, the opposite party no.2 is not appeared. In view thereof, the matter is being heard ex-parte. 2. Heard the counsel for the petitioner. 3. The present petition has been filed challenging an order of remand passed on 03.01.2009 whereby in exercise of the power under section 25 of the Provincial Small Cause Courts Act, 1887, the order passed by the Judge Small Causes Court was quashed and the matter was remanded for decision afresh. 4. The facts reveal that a Suit for eviction and arrears of rent as well as mesne profit was preferred. The said suit was decreed on 07.03.2007 and a decree of mesne profit was also passed. The revisional court was of the view that while granting the mesne profit, no evidence has been considered, as such, the matter was remanded for passing a fresh order. 5. The counsel for the petitioner states that he is read to forgo the decree of mesne profit. In view thereof, the decree of eviction as passed by the Judge Small Causes Court on 07.03.2007 and not disturbed in the revisional order dated 03.01.2009 is confirmed. 6. The petition is disposed off observing that the petitioner would be entitled to a decree of eviction alone and not decree of mesne profit. However, the arrears of rent shall be paid to the petitioner at the rate fixed in between the parties, if any. Order Date :- 21.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench