HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6022 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Abhay Kumar Ojha, Advocate holding brief of Sri Sanjay Kumar Srivastava, the learned counsel for the petitioners, Sri Deepak Kumar, Advocate who has put in appearance on behalf of opposite parties no.3 and 4 and he states that he has instructions to advance submissions on behalf of all the opposite parties who are members of same family. Accordingly, issuance of notice to the opposite parties is dispensed with. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have challenged the validity of an order dated 04.08.2025, passed by Additional District Judge, Court No.1, Hardoi Misc. Civil Appeal No.35 of 2023; Nafees and others Vs. Irtaza Ali and others, whereby an application by the petitioners for staying operation and execution of judgement and order dated 20.11.2023, passed by learned Prescribed Authority/Civil Judge, Senior Division, Lucknow in P.A. Case No.7 of 2008 has been rejected. 3. The aforesaid case is an application under Section 21 of U.P. Act No.13 of 1972 for eviction of the petitioners which has been allowed by the Prescribed Authority. Appeal No.35/2023 has been filed by the petitioners under Section 22 of U.P. Act No.13 of 1972 challenging the validity of eviction order passed under Section 21 Versus Counsel for Petitioner(s) : Sanjay Kumar Srivastava, Akshat Kumar Counsel for Respondent(s) : Arif @ Mohammd Arif Khan And 11 Others .....Petitioner(s) Irtaza Ali And 8 Others .....Respondent(s) of U.P. Act No.13 of 1972. 4. The appeal has already been admitted and is pending for final disposal. 5. The learned counsel for the petitioners has placed reliance on a judgment of Hon'ble Supreme Court in the case of Mool Chand Yadav and others Vs. Raza Buland Sugar Company Limited, Rampur and others: (1982) 3 SCC 484, wherein the Hon'ble Supreme Court has held that during pendency of an appeal the operation of an order having serious civil consequences must be suspended more so when the appeal is admitted. 6. The learned counsel for the opposite parties has opposed the petition and he has submitted that the petitioners themselves are causing delay in disposal of appeal and it would be in the interest of justice that the appeal itself is decided expeditiously. 7. Accordingly, the petition is disposed of by issuing a direction to the learned Additional District Judge, Court No.1, Hardoi to decide the Misc. Civil Appeal No.35 of 2023; Nafees and others Vs. Irtaza Ali and others expeditiously, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals. 8. Till final disposal of appeal operation and implementation of the order dated 20.11.2023, passed by learned Prescribed Authority/Civil Judge, Senior Division, Lucknow in P.A. Case No.7 of 2008 shall remain in abeyance. October 15, 2025 Ram. A227 No. 6022 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench