Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 67531 (ALL)

MUKESH KUMAR KASHYAP v. SUNNY DAYAL

A227/6180/2025 · 2025-07-17

Saral Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:116620 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 6180 of 2025 Petitioner :- Mukesh Kumar Kashyap Respondent :- Sunny Dayal Counsel for Petitioner :- Raj Kishore Dubey Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner. 2. The petitioner by means of the present petition under Article 227 of the Constitution of India has prayed for the following relief:- "i. Direct the District Judge, Ghaziabad to decide the Stay Application in Rent Appeal No.64 of 2025 (Mukesh Kumar Kashyap Vs. Sunny Dayal) filed by the petitioner within a stipulated period. ii. Direct the both parties to maintain status quo during pendency of stay application before the District Judge, Ghaziabad. iii. And/or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case otherwise the petitioner shall suffer irreparable loss and injury." 3. Learned counsel for the petitioner could not demonstrate from the record that petitioner has made statutory deposit as provided under Section 35 of U.P. Act No.16 of 2021 good. Till the statutory deposit is not made by the petitioner, the appeal cannot be heard on merit and therefore, stay application also cannot be considered. 4. In such view of the fact, the direction sought by the petitioner cannot be granted. 5. Consequently, present petition under Article 227 of the Constitution of India lacks merit and is hereby dismissed with no order as to costs. Order Date :- 18.7.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad