Allahabad High Court
Manoj Kumar Yadav vs Munna Lal Gupta And Another on 16 July, 2021
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 35
Case :- MATTERS UNDER ARTICLE 227 No. - 3098 of 2021
Petitioner :- Manoj Kumar Yadav
Respondent :- Munna Lal Gupta And Another
Counsel for Petitioner :- Ashish Kumar Singh
Hon'ble Rajiv Joshi,J.
Heard Mr. Ajay Kumar Singh, learned counsel for petitioner and learned Standing counsel for the State respondent.
The reliefs claimed in the present writ petition is quoted as under:-
"I. Issue order or direction setting aside part of the order dated 20.03.2021 passed by Incharge District Judge, Varanasi whereby court below did not grant stay order in SCCR No. 21 of 2021 Manoj Kumar Yadav Vs. Munna Lal Gupta and another filed under Section 25 of the Provincial Small Cause Courts Act, against judgment and decree dated 18.02.2021, for ejectment, arrears of rent and mesne profit etc, passed by Judge Small Cause Court, Varanasi.
II. Issue order or direction staying effect and operation of judgment and decree dated 18.02.2021, passed by Judge Small Cause Court, Varanasi, in S.C.C. No. 46 of 20154 Munna Lal Gupta and another vs. Manoj Kumar Yadav and restrain plaintiff-respondents from evicting defendant-petitioner from accommodation in question till disposal of SCCR No. 21 of 2021 Manoj Kumar Yadav Vs. Munna Lal Gupta and another, pending in the Court of District Judge/Incharge District Judge, Varanasi."
It is submitted by learned counsel for petitioner that the suit bearing SCC suit No. 46/2016 filed by the landlord-respondent was decreed vide order dated 18.2.2021, passed by Judge Small Causes Court, Varanasi, directing the petitioner to hand-over the possession of the accommodation in dispute within two months. Against that order revision under Section 25 of the Provincial Small Cause Courts Act, 1887 was filed, and the said revision was admitted fixing date for hearing on 5.4.2021.
Grievance of the petitioner is that the District Judge has admitted the revision but no order has been passed on the stay application. It is submitted that the petitioner is at risk of being evicted though his stay application filed therein is pending.
No useful purpose would be served by issuing the notice or calling the counter affidavit, as the stay application in the revision is pending.
Considering the facts and circumstances of the case, without going into the merit of the case and with the consent of the parties, the writ petition is disposed of with a direction to revisional court to decide the stay application of the petitioner by reasoned and speaking order, within a period of two months from the date of production of computerized/certified copy of this order.
Till the stay application of the petitioner is decided the decree dated 18.2.2021 passed by the JSCC, Varanasi in case no. 46 of 2015 shall not be executed.
It is made clear that, I have not examined the merits of the case with respect to the stay application, at the same time, interim protection has been granted solely on account of the fact that the appeal against eviction order stands admitted and despite earlier order passed by the learned court below dated 20.3.2021, it has remained from the learned court below to pass any order on the stay application.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 16.7.2021
S.K.
