Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 18266 (ALL)

KAMLESH AND 2 OTHERS v. BRAHMDUTT SHARMA AND 6 OTHERS

A227/1424/2025 · 2025-02-10

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:19324 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1424 of 2025 Petitioner :- Kamlesh And 2 Others Respondent :- Brahmdutt Sharma And 6 Others Counsel for Petitioner :- Nipun Singh,Sumit Suri Counsel for Respondent :- I. N. Singh Hon'ble Ajit Kumar,J. Heard Sri Nipun Singh, learned counsel for the petitioner and Sri I.N.Singh, learned counsel for the respondents. By means of present petition filed under Article 227 of the Constitution, petitioner has prayed for a direction for the Additional District Judge, Court No. 1, Gautam Budh Nagar to decide the pending stay application in the SCC Revision No. 28 of 2023. Learned counsel for the petitioner submits that on account of pendency of SCC Revision and the fact that there is no stay order operating therein, the heirs of the landlord have proceeded to get the decree executed by the Judge, Small Causes. He further submits that heirs are not appearing in the revision petition no. 28 of 2023 even though petitioner has repeatedly taken steps, however, he submits, in the execution case, heirs have already got the substitution allowed. Thus he submits that heirs are avoiding summons on substitution application pending in the revision petition. It is further submitted that in the event execution case is made to continue and decree of eviction is ultimately executed, it will frustrate SCC petition. Per contra, Sri I.N.Singh, learned counsel for the respondent submits that there is nothing on record from which it can be said that the petitioner had ever taken any steps for service. Having heard learned counsel for the respective parties and having perused the records, more especially when the case is being pursued by heirs of the original landlord and it has come to be stated in paragraph 22 of the petition that despite steps taken in SCC Revision, respondents are not appearing, I find it appropriate in the interest of justice to direct the opposite parties who are represented here through counsel Sri I.N.Singh to appear in SCC Revision no. 28 of 2023 on before 24 February, 2025 and petitioner shall be also appearing before SCC Court revision on same day. Soonafter parties appear, substitution application shall be decided on that very day or at least on a next date to be fixed not later than 7 days. As soon as substitution application stands disposed of, the Court sitting in revision shall proceed to decide the revision and conclude the same as expeditiously as possible within further period of two months. It is made clear that the Court sitting in revision shall not give unnecessarily adjournment to either of the parties except in case of natural calamity or mourning in the family of respective parties and adjournment shall be granted after recording reasons for the same. For a period of three months from today that is till 9th May, 2025 or till decision in SCC Revision is taken, whichever is earlier , further proceeding in execution case shall remain stayed and the same shall abide by decision of court in revision. With these observations and directions, this petition stands disposed of. Order Date :- 10.2.2025 Sanjeev Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad