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2025 DAILYLAW 88717 (ALL)

GHANSHYAM v. MUKESH CHANDRA BANSAL AND ANOTHER

A227/9444/2025 · 2025-08-21

Chandra Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146182 Court No. - 37 Case :- MATTERS UNDER ARTICLE 227 No. - 9444 of 2025 Petitioner :- Ghanshyam Respondent :- Mukesh Chandra Bansal And Another Counsel for Petitioner :- Nikhil Chaturvedi Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Nikhil Chaturvedi, learned counsel for the petitioner. 2. The instant petition has been filed for the following relief: "(1) Set aside the order dated 7.8.2025 passed by the court of Additional District Judge court.6 Firozabad in Civil Misc. Appeal No.35 of 2024 Ghanshyam Vs. Mukesh Chandra Jain and another. (ii) Issue a direction to stay the operation of the order dated 20.02.2024 passed by the Prescribed Authority/ Civil Judge (Senior Division) Firozabad in P.A. Case no.17 of 2012 during pendency of the Civil Misc. Appeal No.35 of 2024 before Court of 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.35 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.14723 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. 8792 of 2025 was filed but during pendency of the petition No.8792 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.35 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.35 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.35 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.35 of 2024 shall be decided within the period fixed by this Court in the Matter under Article 227 No.8792 of 2025. It is further directed that till the disposal of petitioner's appeal No.35 of 2024, the execution proceeding in pursuance of the order dated 20.02.2024 passed in P.A.No.17 of 2012 shall remain in abeyance. Order Date :- 22.8.2025 PS*/Vandana Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad