HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13888 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Ms. Shreya Gupta, learned counsel for the petitioner and Mr. Puneet Kumar Gupta learned Counsel, holding brief of Mr. Pankaj Kumar Shukla, learned counsel for respondent-landlord. 2. Brief facts of the case are that proceeding under section 21 (2) of the U.P.Act No.16 of 2021 has been decided in ex parte manner by rent authority vide order dated 28.01.2025. Application under Section 34 (8) of U.P.Act No.16 of 2021 read with Order 9 Rule 13 of C.P. C. filed on behalf of the petitioners/tenants has been rejected by rent authority vide order dated 31.07.2025. Against the order rejecting the application under Section 34 (8) of U.P. Act No.16 of 2021 an appeal has been filed before the appellate tribunal which has been registered as appeal No.142 of 2025 as well as admitted on 27.08.2025 but interim protection has been refused by the rent tribunal on 01.09.2025. Hence this petiton for the following relief:- "(i). issue a writ, order or direction in the nature of Certiorari quashing the order dated 01./09.2025 passed by the Rent Tribunal/Additional District and Sessions Judge, Court No.3, Aligarh in Rent Appeal No.142 of 2025: Smt. Geeta Devi and others Vs. Smt. Sarita Rani Versus Counsel for Petitioner(s) : Shreya Gupta Counsel for Respondent(s) : Pankaj Kumar Shukla Smt. Geeta Devi And 4 Others .....Petitioner(s) Smt Sarita Rani Alias Sharda Devi .....Respondent(s) alias Sharda Devi, and allow the stay application filed by the petitioner-tenants in Rent Appeal No.142 of 2025: Alternatively, issue a writ, order or direction in the nature of mandamus directing the parties to maintain status quo as regards the nature and possession of the tenant, until full and final disposal of the rent Appeal No.142 of 2025; Smt. Geeta Devi and others Vs. Smt. Sarita Rani alias Sharda Devi, by the rent Tribunal/Additional District and Sessions Judge, court No.3 Aligarh." 3. Learned counsel for the petitioners submitted that appeal filed by petitioners has been registered as well as admitted but interim protection has been refused in arbitrary manner. She submitted that execution case has also been decided in arbitrary manner. She further submitted that proper direction be issued to decide the appeal within time bound period and till the pendency of the appeal interim protection be granted in favour of the petitioners. 4. On the other hand, learned counsel for the landlord- respondents submitted that main order of rent authority has not been challenged in appeal in order avoid liability of mandatory pre-deposit. He submitted that the order rejecting the application under Section 34 (8) of U.P. Act No.16 of 2021 has been challenged in appeal, as such there is no illegality in the impugned order. He submitted that no interference is required against the impugned order passed by the appellate tribunal. He placed reliance upon the judgment of this Court reported in (2024) 5 ILRA 853 Shri Shree Chandra Jain vs. Rent Tribunal 13th ADJ Agra, & others. 5. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 6. There is no dispute about the fact that proceeding under Section 21 (2) of U.P.Act No.16 of 2021 has been decided WRIA No. 13888 of 2025 2 by rent authority vide order dated 28.1.2025. There is also no dispute about the fact that application under Section 34 (8) of U.P. Act No.16 of 2021 read with Order-9, Rule 13 C.P.C. filed on behalf of the petitioners has been rejected by the rent authority vide order dated 31.07.2025 and appeal filed against the order rejecting the application under Order-9, Rule 13 of C.P.C. has been registered as well as admitted, but interim protection has been refused. 7. Since the appeal under Section 35 of U.P. Act No.16 of 2021 has been registered as well as admitted by appellate tribunal on 27.08.2025 as such interest of justice requires that appeal should have been decided on merit imposing certain condition on the tenant. 8. Considering the entire facts and circumstances of the case, the instant writ petition stands disposed of directing the appellate tribunal to decide the Rent Appeal No.142 of 2025 within a period of four weeks from the date of production of certified copy of this order before him. It is directed that petitioners/tenant shall deposit Rs.50,000/- before appellate Tribunal/Additional District Judge Court No.3, Aligarh within period of ten days from today. The aforementioned amount shall be adjusted towards rent liability of petitioners/tenants to respondent/landlord. It is further directed that till the disposal of rent appeal No.142 of 2025 petitioners/tenants shall not be evicted from the shop in dispute. September 17, 2025 PS*/Vandana WRIA No. 13888 of 2025 3 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad