SIDDH SARAN JAIN v. RAJENDRA SINGH YADAV DECEASED AND 6 OTHERS
A227/6128/2024 · 2025-09-08
Chandra Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62018 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62018 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 6128 of 2024 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J.
1. Supplementary affidavit filed on behalf of the petitioner is taken on record. 2. Heard Sri Ashish Agrawal, learned counsel for the petitioner and Sri Prashant Shukla, learned counsel for the respondent. 3. The instant writ petition has been filed for the following reliefs:-
"1. Issue an order or direction in exercise of supervisory powers under Article 227 of the Constitution of India, setting aside the judgment and decree dated 14/3/24 passed by the Revisional Court in S.C.C. Revision No. 2 of 2019 (Rajendra Singh vs. Siddh Saran Jain & others) passed by District Judge Mainpuri; and
2. Issue an order or direction confirming the judgment and decree passed by Judge, Small Causes Court in SCC Suit No. 6 of 1995 (Siddh Saran vs. Omkar Nath and others) which was decreed on 29-11-2018, in toto and further be pleased to direct the defendant/ respondent to hand over the peaceful possession of the property in question to the petitioner within one month."
4. Counsel for the petitioner states that instant petition under Article 227 of the Constitution of India has been filed against the judgment and decree dated 14.3.2024, passed by the revisional court in S.C.C. Revision No.2/2019, by which the matter was remanded back before the Judge, Small Cause Court. He submitted that as no interim order was granted by this Court in the instant petition, accordingly, the Versus Counsel for Petitioner(s) : Ashish Agrawal Counsel for Respondent(s) : Prashant Shukla Siddh Saran Jain .....Petitioner(s) Rajendra Singh Yadav Deceased And 6 Others .....Respondent(s)
matter has been decided by the Judge, Small Cause Court vide judgment dated 23.9.2024, returning the plaint/suit of the plaintiff/petitioner under Section 23 of the Provincial Small Cause Courts Act. He submitted that against the judgment and decree dated 23.9.2024, S.C.C. Revision has been filed on behalf of the petitioner which is pending as S.C.C. Revision No.49/2024. The grounds of revision is annexed as Annexure No.1 to the 3rd supplementary affidavit dated 8.9.2025. The copy of the judgment and decree dated 23.9.2024 passed in S.C.C. Suit No. 6/1995 has already been brought on record as Annexure No. SA-1 to the 2nd supplementary affidavit dated 22.10.2024. 5.
Considering the entire facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is finally disposed of with the direction to the revisional court to decide the S.C.C. Revision No.49/2024, as expeditiously as possible, preferably within a period of 3 months, from the date of production of a certified copy of this order before the revisional court, after affording proper opportunity of hearing to the parties concerned, in accordance with law. It is made clear that the revisional court shall decide the aforementioned S.C.C. Revision No.49/2024 on its own merit, without affecting with the observation made in the order impugned in the instant petition. September 9, 2025 C.Prakash A227 No. 6128 of 2024 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad