Neutral Citation No. - 2025:AHC:145842 Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 9396 of 2025 Petitioner :- Gaurav Gupta Respondent :- Mukesh Chandra Bansal And Another Counsel for Petitioner :- Kartikeya Saran,Shagun K. Saran,Srishti Gupta Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Kartikeya Saran, learned counsel for the petitioner. 2. The instant petition has been filed for the following relief: "(1) Issue an appropriate order or direction, calling for the record and setting aside the Impugned Order dated 07.08.2025 passed by the learned Additional District Judge, Court No. 6, Firozabad in Civil Misc. Appeal No. 37 of 2024. (ii) Issue an appropriate order or direction commanding the Respondents not to interfere in the peaceful possession of the Petitioner over the usage of shop in dispute situated at H. No 19, Part-25, Mohalla Sabzi Mandi, Firozabad, during the pendency of Civil Mise. Appeal No. 37 of 2024, (Gaurav Gupta Vs. Mukesh Chandra Bansal & Another), pending before the learned Additional District Judge, Court No. 6, Firozabad. (iii) Issue an appropriate order or direction restraining the execution of the warrant of possession (Dakhal Parwana) dated 14.07.2025, passed by the Court of the Prescribed Authority/Civil Judge (Senior Division), Firozabad in Misc. P.A. Case No. 78 of 2024 (Mukesh Chandra Bansal & Another va. Gauray Kumar Gupta), during the pendency of Civil. Misc.Appeal No. 37 of 2024 before the Learned Additional District Judge, Court No. 6, Firozabad." 3. Learned counsel for the petitioner submitted that against the order passed by the prescribed authority in the proceeding under Section 21 (1) (Kha) of U.P. Act No.13 of 1972, appeal No.37 of 2024 filed by the petitioner-tenant is pending before the appellate Court. He submitted that earlier petitioner approached this Court by filing Matter Under Article 227 No.14712 of 2024 and this Court vide order dated 23.11.2024 disposed of the petition directing the appellate court to decide the stay application within four weeks. He submitted that stay application was not decided by the appellate Court and execution proceeded against the petitioner accordingly, another Matter Under Article 227 No. 8802 of 2025 was filed but during pendency of the petition No.8802 of 2025 the appellate court has rejected the stay application in appeal. He submitted that this court vide order dated 11.08.2025 disposed of the matter directing the appellate court to decide the appeal No.37 of 2024 within four weeks from the date of production of certified copy of this order. He further submitted that appeal should be decided within a period fixed by this Court and till the pendency of appeal execution proceeding should be stayed. 4. I have considered the arguments advanced by the learned counsel for the petitioner and perused the record. 5. There is no dispute about the fact that appeal No.37 of 2024 filed by the petitioner against the order passed by the prescribed under Section 21 (1) (Kha) of U.P. Act No.13 of 1972 is pending before the appellate Court and Stay application has been rejected under the impugned order dated 07.08.2025. There is no dispute about the fact that earlier this court has directed by first order to decide the stay application and by subsequent order to decide the appeal No.37 of 2024 within four weeks. There is also no dispute about the fact that stay application filed by the petitioner in pending appeal has been rejected under the impugned order dated 07.08.2025. 6. Considering the entire facts and circumstances of the case, the instant petition is finally disposed of with direction that the pending appeal No.37 of 2024 shall be decided within the period fixed by this Court in the Matter under Article 227 No.8802 of 2025. It is further directed that till the disposal of petitioner's appeal No.37 of 2024, the execution proceeding in pursuance of the order dated 20.02.2024 passed in P.A.No.6 of 2011 shall remain in abeyance. Order Date :- 22.8.2025 PS*/Vandana Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad