HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7043 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner. Notice on behalf of respondent no. 2 has been accepted by the office of the learned Additional Chief Standing Counsel. 2. In view of the order proposed by the Court, notice to the private respondent no. 1 is dispensed with. 3. The petitioner appears to be a tenant against whom eviction proceedings were initiated by the private respondents who appears to be the landlord, the same came to be decreed by the Prescribed Authority in P.A. Case No. 9 of 2016 by means of judgement and order dated 31.03.2021. 4. Against the said order, the petitioner preferred an application under Order IX Rule 13 C.P.C. which also came to be dismissed by means of order dated 16.09.2025 whereafter the petitioner escalated the matter by filing a Misc. Appeal pending before the District Judge, Barabanki. 5. It is the case of the petitioner that his appeal as well as his application for interim relief is pending before the District Judge. Moreover, in the execution proceedings, the Executing Court has passed an order directing the Station House Officer to get the order implemented, however, as per the petitioner, the same has yet not been executed. 6. It is urged that since the respondent has already put in appearance, at Versus Counsel for Petitioner(s) : Praveen Kumar Yadav, Shwetabh Singh Counsel for Respondent(s) : C.S.C. Uttam Kumar Gupta .....Petitioner(s) Ashok Kumar Srivastava And Another .....Respondent(s) least his application for interim relief may be considered especially when the appeal of the petitioner has been admitted. 7. It is thus urged that some ex-parte order be passed failing which the substantial right of the petitioner may be adversely affected. 8. Having considered the aforesaid submissions and from the perusal of the material on record, it indicates that what is pending before the District Judge, Barabanki is the Misc. Appeal preferred under Order XLIII Rule 1 (d) wherein the petitioner has already moved an application for interim relief. The extracts of the order sheet which has been placed on record by means of the supplementary affidavit, it indicates that the Appellate Court in its order dated 29.11.2025 has noticed that the learned counsel for both the parties are present and the matter is listed on 15.12.2025. 9. Be that as it may, since the matter is listed on 15.12.2025, hence, in the aforesaid circumstances, this Court is not inclined to keep the matter pending rather is of the opinion that ends of justice can be made by observing that in case if there is no legal impediment, the Appellate Court may consider and decide the pending application of the petitioner for interim relief preferrably on the next date fixed and in case if the same is not possible then within a period of ten days thereafter affording full opportunity to the parties but without granting any unnecessary adjournments to either of the parties. 10. It is made clear that the Court has not examined the merit of the submissions of the petitioners and the Appellate Court shall pass appropriate orders strictly in accordance with law. With the aforesaid, the present petition stands disposed of. December 5, 2025 Asheesh A227 No. 7043 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench