M/S BUTTON HOUSE THRU. MOHD. ASIM KHAN AND 32 OTHERS v. ADDL. DIST. JUDGE FAST TRACK I LKO AND 3 OTHERS
A227/5236/2025 · 2025-09-04
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155677 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155677 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5236 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the petitioners and perused the material available on record.
2. The present petition has been filed by the petitioners challenging an order dated 10.07.2019, whereby an application moved under Section 10 of C.P.C. before the J.S.C.C was rejected as well as, the revisional order dated 27.11.2024, whereby the revision preferred against the same was also dismissed.
3. The stand taken by the petitioner, tenant was that the landlord was instituted the proceedings claims title by virtue of the gift deed executed in her favour on 23.02.2005, whereas, the petitioner claiming an oral agreement to sale executed in the year 1976 and instituted the suit for specific performance, the plaint of the said suit is on record.
4. Considering the fact that the proceedings were initiated on the basis of, the respondent claiming herself to be the landlord, no title suit is required to be adjudicated, which come affect the outcome of the J.S.C.C. and, therefore, the courts below have rightly rejected the said application.
5. No interference is required in the impugned orders. Petition lacks merit and is, accordingly, dismissed.
6. However, as the suit is of the year 2007, the concerned Judge, Small Causes Court is directed to conclude the said suit within a period of one year without giving any unnecessary adjournment to any of the parties. Versus Counsel for Petitioner(s) : Munnawar Sultan, Mohd Shadab Khan, Sayed Jamal Rizvi Counsel for Respondent(s) :
M/S Button House Thru. Mohd. Asim Khan And 32 Others .....Petitioner(s) Addl. Dist. Judge Fast Track I Lko And 3 Others .....Respondent(s)
7. Let a copy of this order be sent to the concerned J.S.C. Court, for compliance. September 4, 2025 Praveen A227 No. 5236 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench