HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6822 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present petition has been preferred with the following prayer:- "(i) An order or direction to the Court of Judge Small Cause Court (J.S.S.C.) Lucknow to decide the SCC Case No. 188 of 2016, Rajendra Kumar versus Smt. Asha Devi (Annexure No. 1) pending before him." Learned counsel for the petitioner has submitted that the petitioner who is the owner of House No. 553/142-F situated in Adarsh Nagar, Tedhi Puliya, Alambagh, District Lucknow has filed a SCC suit for damages, expenses, eviction and arrears of rent against the opposite party before the Judge, Small Cause Court, Lucknow on 15.12.2016 which has been registered as SCC bearing Case No. 188 of 2016. It is further submitted that in the said proceedings, on 07.05.2024, an order has been passed for listing of the case for final hearing and thereafter the petitioner has also submitted his written arguments and after 07.05.2024, about more than 33 dates have been fixed and almost on most of the dates, the order has been passed, as "case called out. Both the parties are present, fixing 12.03.2025 for final arguments." and till date, the suit is pending and the court is adjourning the same by fixing dates, without there being any reason or adjournments sought by either of the parties. It is further submitted that the petitioner is facing hardship due to non adjudication of the suit, hence a direction may be issued to the trial court to decide the matter within a stipulated period as this Court deems fit and proper. After hearing learned counsel for the petitioner and going through the record of the case, particularly, the order-sheets enclosed alongwith the writ petition, it is found that after fixing the case for final hearing by order dated 07.05.2024, more than 33 dates have been fixed but on most of the dates fixed in the case, it was adjourned even when both the parties with their respective counsels were present, without assigning any reason for adjournment of the case. When the counsels for both the parties are appearing in the matter on the date Versus Counsel for Petitioner(s) : Ram Kumar Singh, Mohd.Amjad Khan Counsel for Respondent(s) : Rajendra Kumar .....Petitioner(s) Smt. Asha Devi .....Respondent(s) fixed and not seeking adjournment, then there was no occasion for the court to give another date for final hearing. Under these circumstances, it is an exceptional case where a direction is issued to the trial court to make an endevour to decide the aforesaid case expeditiously, in accordance with law, after giving opportunity of hearing to the parties concerned, if there is no other legal impediment, without granting any unnecessary adjournment to either of the parties and if any adjournment is unavoidable, only short date may be given. In view of the facts, circumstances and discussion made hereinabove, the present petition is disposed of. November 21, 2025 Nitesh A227 No. 6822 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench