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2025 DAILYLAW 193202 (ALL)

AJAY KUMAR KUSHWAHA v. SMT. POONAM MALIK

SPLAD/854/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 854 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 19.08.2025 passed by the learned Single Judge in Writ - A No. 11857 of 2025, whereby the writ petition filed by the petitioner aggrieved of the order dated 20.10.2023 passed by Rent Authority, Kanpur and order dated 14.07.2025 passed by Rent Tribunal has been dismissed. 2. A query was put to the counsel for the appellant pertaining to the maintainability of the special appeal from the order passed by learned Single Judge, however, the counsel is not in a position to respond to the said query. 3. Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 ('Rules of 1952') deals with the special appeals, specifically bars appeals against orders passed under Article 226 or Article 227 of the Constitution of India arising from a judgment, order or award passed by a Tribunal, Court or Statutory Arbitrator made in exercise of jurisdiction under any Uttar Pradesh Act and any order made in the exercise of appellate or revisional jurisdiction under such Act by learned Single Judge. 4. Admittedly, the order impugned, before the learned Single Judge, was that of a Tribunal, which was an Appellate Authority and therefore, in terms of provisions of Chapter VIII Rule 5 of the Rules of 1952, the appeal is not maintainable. Versus Counsel for Appellant(s) : Dhirendra Narain Awasthi, Jai Shri Pandey Counsel for Respondent(s) : Ajay Kumar Kushwaha .....Appellant(s) Smt. Poonam Malik .....Respondent(s) 5. The appeal is, therefore, dismissed leaving it open for the appellant to take appropriate proceedings, in accordance with law. October 15, 2025 Mukesh Pal/Sazia SPLAD No. 854 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad