Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93485 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5746 of 2025 Petitioner :- Mohd Yasin Respondent :- Mohd. Sultan Alam Counsel for Petitioner :- Akanksha Gaur Hon'ble Saral Srivastava,J.
1. Heard learned counsel for the petitioner. 2. The petitioner by means of the present writ petition under Article 227 of the Constitution of India has prayed for the following relief:-
"(i) issue an order to set aside the order dated 20.05.2025 passed by the Rent Tribunal/Additional District & Sessions Judge, Court No.3, Aligarh in Rent Appeal No.83 of 2025 (Mohd. Yasin Vs. Sultan Alam). (ii) issue an order or direction not to evict the petitioner from the shop in question during the pendency of the Rent Appeal No.83 of 2025 during the pendency of the instant petition. (iii) Award the cost to the petition in favour of the petitioner."
3. It is contended that the petitioner has preferred an appeal against the judgement and order dated 16.05.2025 rejecting the the recall application of the petitioner. It is submitted that the appeal has been admitted by the Prescribed Authority/Additional District & Sessions Judge, Court No.3, Aligarh by order dated 20.05.2025, but the learned Court has not granted the interim order staying the execution of the order. It is contended that once the appeal of the petitioner has been admitted, the learned Court should have protected the interest of the petitioner in the light of the judgement of the judgement of this Court in the case of Smt. Nafeesun Nisha Vs. First Additional District Judge Kheri (2017) 02 AHC CK
0042. 4. Considering the facts and circumstances of the case, the writ petition is disposed off directing the concerned Court i.e. Additional District & Sessions Judge, Court No.3, Aligarh to decide the Rent Appeal No.83 of 2025 (Mohd. Yasin Vs. Sultan Alam) expeditiously preferably within a period of six months from today without granting any unnecessary adjournment to either of the parties, if there is no legal impediment in deciding the aforesaid appeal. 5. In case, if any adjournment is inevitable, the authority concerned may grant the same by imposing heavy cost which may not be less than Rs.1,000/-. 6. Till the disposal of Rent Appeal No.83 of 2025 (Mohd. Yasin Vs. Sultan Alam) pending before the Additional District & Sessions Judge, Court No.3, Aligarh, the eviction of the petitioner shall remain stayed.
Order Date :- 30.5.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad