Neutral Citation No. - 2025:AHC-LKO:43100 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4345 of 2025 Petitioner :- Prem Chandra Sharma Respondent :- Sri Bhagwan Das Agarwal And 3 Others Counsel for Petitioner :- Deepak Kumar Agarwal Counsel for Respondent :- Avtar Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner and Sri Abhinav Bhattacharya, learned Counsel for the respondent. 2. The present petition has been filed by the petitioner challenging the order dated 08.10.2024 as well as the order dated 28.05.2025 passed in appeal by the appellate authority. 3. The facts in brief are that the opposite party had initiated a proceeding under Section 21 (1)(a) of the U.P. Act No.13 of 1972, which were decided against the petitioner and the appeal was preferred some time in the year 2020. As on various occasions, the appellants were not arguing the matter, the appeal came to be dismissed for want of prosecution on 08.10.2024. The petitioner moved an application for recall of the said order which too was dismissed on 28.05.2025, which is impugned in the writ petition. The order records that the appellant has been found guilty of deliberately delaying the disposal of the appeal. 4. The Counsel for the respondent states that the petitioner had not even paid the rent since February, 2015. 5. Considering the said submission, the present writ petition is allowed. The orders dated 28.05.2025 and 08.10.2024 are set aside on a cost of Rs.50,000/- (fifty thousand). 6. The petitioner shall appear before the appellate court on 04.08.2025 at 12:00 noon and shall deposit the amount of Rs.50,000/- (fifty thousand) before the appellate court, which shall be payable to the respondents. The appellant court shall decide the appeal on day to day basis without giving any unnecessary adjournment to any of the parties within 15 days. 7. In case of failure, this order shall automatically come to end and the respondents are at liberty to execute the decree. Order Date :- 25.7.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench