Allahabad High Court
Pushp Lata Shukla vs Addl. District Judge, Court No. 9, ... on 7 April, 2023
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 22
Case :- MATTERS UNDER ARTICLE 227 No. - 1734 of 2023
Petitioner :- Pushp Lata Shukla
Respondent :- Addl. District Judge, Court No. 9, Lko. And Another
Counsel for Petitioner :- Anumesh Mishra,Avinash Kumar Ojha,Awadhesh Kumar Tiwari
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner.
In view of order being proposed to be passed, notices to opposite parties stand dispensed with.
Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of SCC Revision No.81 of 2018 filed by opposite party no.2 against the judgment and order dated 28.08.2018 in SCC proceeding.
Learned counsel for petitioner submits that earlier by means of order dated 20.02.2020, application preferred by opposite party no.2 for stay of execution of eviction decree was rejected while admitting revision under section 25 of the Small Cause Courts' Act. Against the aforesaid order, petition no.28082(RC) of 2021 was filed and has been admitted vide order dated 02.12.2021 while directing that until further orders or till decision of SCC Revision No.81 of 2018, petitioner is not to be evicted from the demised premises. Further direction was issued that the SCC revision shall be proceeded to be decided in accordance with law unhindered by pendency of the petition.
It is submitted that despite specific directions of this Court regarding decision of SCC Revision, the same is still pending consideration with only general dates being allocated and therefore expedite orders are required to be passed.
Upon consideration of submissions advanced by learned counsel for petitioner and perusal of material available on record, it appears that against judgment and order passed in SCC proceedings, opposite party no.2-tenant has preferred the SCC Revision No.81 of 2018 which still pending consideration and petition no.28082 of 2021 preferred by the tenant has been admitted only on the question of rejection of application for stay of eviction proceedings during pendency of revision. It is also evident that in the said petition, Coordinate Bench of this Court vide order dated 02.12.2021 has already provided protection to the tenant that he shall not be evicted from the demised premises until decision of SCC Revision No.81 of 2018. It has also been directed that the aforesaid revision shall be proceeded to be decided unhindered by pendency of the said petition.
In such circumstances, particularly in view of specific directions issued by this Court vide order dated 02.12.2021, there is no occasion for the aforesaid revision to be kept pending. In such circumstances, opposite party no.1 i.e. Additional District Judge Court No.9, Lucknow is directed to decide SCC Revision No.81 of 2018; Jitendra Kumar Dwivedi versus Pushp Lata Shukla expeditiously, preferably within a period of six months from the date a certified copy of this order is brought on record of proceedings, in case there is no other legal impediment.
Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/trial.
With the aforesaid direction, the petition stands disposed of.
Order Date :- 7.4.2023
Subodh/-
