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2025 DAILYLAW 84984 (ALL)

SALIM MAUJI HALWAI AND 6 OTHERS v. HAJI ABDUL GAFFAR AND ANOTHER

A227/9026/2025 · 2025-09-08

Chandra Kumar Rai

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 9026 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Saif Ali, learned counsel for the petitioner and Mr. Pankaj Agarwal, learned counsel for respondent no.3. 2. The instant petition has been filed for the following reliefs: "i. issue an order or direction calling for record and set aside the impugned judgement and order dated 30.7.2025 passed by Small Cause Judge/ Additional Civil Judge (Senior Division) Aligarh in Execution Case No.16 of 2024 (Hazi Abdul Gaffar and others vs. Saleem Mauji and others) (Annexure no.7 to the petition). ii. issue an order to directed the learned court concerned i.e. Small Causes Judge, Aligarh to deposit the petitioners' rent before the Court concerned through tender. iii. issue an order to direct the respondents not to interfere in the peaceful possession of the petitioners over the shop in question in illegal and arbitrary manner." 3. This Court on 26.8.2025 passed the following order: "1. Heard Mr. Saif Ali, learned counsel for the petitioners and Mr. Pankaj Agarwal, learned counsel appearing for the respondent- landlord. 2. Counsel for the petitioner submitted that the execution court has illegally passed the order that the order passed by this Court on Versus Counsel for Petitioner(s) : Saif Ali Counsel for Respondent(s) : Pankaj Agarwal Salim Mauji Halwai And 6 Others .....Petitioner(s) Haji Abdul Gaffar And Another .....Respondent(s) 2.1.2025 for depositing the monthly rent, has been violated by the petitioners. He submitted that in compliance of the order of this Court dated 2.1.2025, Rs.1,93,000/- in cash was paid to the landlord on 5.2.2025. He submitted that the rent for the last six months @ 3000 per month, which has not been received by the respondent-landlord, is ready for payment to the landlord by way of demand draft. He handed over the original demand draft no. 502267 dated 14.8.2025 of Rs.48,000/- towards the monthly rent for the last 6 months to Sri Pankaj Agarwal, learned counsel appearing for the respondent- landlord today in the Court under the order of this Court. 3. Put up this matter as fresh on 9.9.2025. 4. In the meantime, Sri Pankaj Agarwal, learned counsel for respondent-landlord shall provide the bank details of the respondent- landlord for depositing the monthly rent in respect to the accommodation in question, to the learned counsel for the petitioners by the next date fixed in the matter. 5. Till the next date of listing, the effect and operation of the impugned order dated 30.7.2025, passed by the Judge, Small Causes/Additional Civil Judge (SD), Aligarh as well as the further proceeding of Execution Case No.16 of 2024 (Hazi Abdul Gaffar and Others vs. Saleem Mauji and Others), shall remain stayed." 4. Mr. Pankaj Agarwal, learned counsel for respondent no.3 placed the bank account of respondent/landlord before the Court, which is taken on record. The particular of the bank account of respondent/ landlord is as under: Account No.1825000100050020, Punjab National Bank, Railway Road, Aligarh. 5. Demand draft of Rs.48,000/- towards the monthly rent for the last eight months was already handed over to the respondent/landlord. The period of rent has been wrongly mentioned as six months in place of eight months in the last order of this Court dated 26.8.2025 which stands corrected. A227 No. 9026 of 2025 2 6. Considering the entire facts and circumstances of the case, the impugned order dated 30.7.2025 passed by Judge Small Cause / Additional Civil Judge (Senior Division) Aligarh in Execution Case No.16 of 2024 (Hazi Abdul Gaffar and others vs. Saleem Mauji and others) is hereby set aside. 7. The instant petition is finally disposed of directing the petitioner to deposit the monthly rent in the bank Account No.1825000100050020, Punjab National Bank, Railway Road, Aligarh of the respondent/ landlord as directed by this Court vide order dated 2.1.2025. It is further directed that petitioner will make proper compliance of the direction issued by this Court vide order dated 2.1.2025. September 9, 2025 Rameez A227 No. 9026 of 2025 3 (Chandra Kumar Rai,J.) Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad