Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10784 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Udit Chandra, learned counsel for the petitioner.
2. The instant petition has been filed for the following reliefs:- (i) to direct the District Judge, Bareilly to return the file of Execution Case No.23/2023 (Indu Gupta vs. Jitendra & Others) to the Executing Court so that the execution proceeding may come to its logical end; (ii) to direct the learned District Judge/Additional District Judge, Bareilly to decide the S.C.C. Revision No.23 of 2023, Jitendra vs. Indu Gupta on the next date fixed in the matter."
3. Counsel for the petitioner states that the S.C.C. Suit filed by the petitioner/landlord was decreed by the Judge, Small Cause Court. He submitted that the revision is pending at the instance of the tenant but no interim order has been granted, accordingly, execution proceeding has been initiated by the landlord which has been registered as Execution Case No.23/2023. He submitted that the revisional court has summoned the record of execution case, causing delay in deciding the execution case, as such, appropriate direction be issued to the court concerned to return the records of the execution case to the execution court and the tenant revision be decided in accordance with law.
4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this petition is Versus Counsel for Petitioner(s) : Nitesh Patel, Udit Chandra Counsel for Respondent(s) :
Smt. Indu Gupta .....Petitioner(s) Jitendra Dhingra And 4 Others .....Respondent(s)
disposed of with the direction to the revisional court/District Judge/Additional District Judge, Bareilly to decide the S.C.C. Revision No.23/2023, as expeditiously as possible, preferably within a period of 2 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. After disposal of the revision, the records of the execution case shall be sent back to the execution court immediately. September 10, 2025 C.Prakash A227 No. 10784 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad