Neutral Citation No. - 2025:AHC:31337 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1678 of 2025 Petitioner :- Pradeep Kumar Respondent :- Vijay Kumar And 4 Others Counsel for Petitioner :- Byas Kumar Prasad,Rajiv Ratan,Santosh Kumar Tiwari Counsel for Respondent :- Shekhar Gangal Hon'ble Ajit Kumar,J. 1. This petition arises out of a proceeding in a misc. case filed under Order 21 Rule 97 CPC. The petitioner claims that collusive decree was obtained in the matter as his brother who had also succeeded tenancy from father, colluded with the landlord. According to him the brother was only made party and he initially appeared but thereafter he did not appear for the reason that he has no interest in continuing with tenancy on account of the fact that he was doing business elsewhere. 2. Learned counsel for the petitioner submits that he may be given liberty to question the ex parte judgment and decree at the appropriate forum. 3. Per contra, it is argued by learned counsel for the respondents that not a single rupee has been paid towards the rent and if any liberty is granted to the petitioner he will again not deposit the rent and will prolong the litigation rendering the decree ineffective. 4. In the given facts and circumstances, I grant liberty to the petitioner to question the ex parte judgment and decree in appropriate forum as may be advised provided petitioner deposits the entire decreetal amount, if not already deposited, within a maximum period of one month and continues to pay Rs.800/- per month towards the damages for use and occupation of the tenanted premises on every seventh day of the month beginning from the month of March, 2025. 5. With aforesaid liberty, this petition stands disposed of. Order Date :- 5.3.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad