Ravindra Kumar Batla @ Deenu vs Anoop Kumar Gupta And 16 Others
2023 Latest Caselaw 8994 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3372 of 2023
 

 
Petitioner :- Ravindra Kumar Batla @ Deenu
 
Respondent :- Anoop Kumar Gupta And 16 Others
 
Counsel for Petitioner :- Ashish Kumar Singh,Ajay Kumar Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner.

Present petition has been filed with the following prayers:-

"(i) Issue an appropriate order or direction to call for the record and direct the District Judge, Kanpur Nagar/Revisional Court to decide the stay application filed in SCC Revision No. 44 of 2023 (Khairati Lal Batla and others vs. Sita Ram Gupta and others) within the time so fixed by this Hon'ble Court and in the meanwhile dispossession of the petitioner may remain stayed.

(ii) Issue an appropriate order or direction to call for the record and direct the District Judge, Kanpur Nagar or to pass appropriate order on stay application filed alongwith Revision and stay further proceeding of Execution Case No.15 of 2023 (Sitaram Gupta vs. Khairati Lal) pending in the court of Additional Judge Small Cause Court No.2, Kanpur Nagar."

Learned counsel for the petitioner submitted that S.C.C. Suit No. 114 of 2009 was decided against the petitioner. Against which, he has preferred S.C.C. Revision No. 44 of 2023, which was admitted on 17.1.2023 by issuing notice to opposite party no.1/2, 1/3, 1/7, 4/2 & 4/4. He next submitted that counsel for the caveator has also appeared while revision was admitted. He further submitted that after admission of revision, Execution Case No.15 of 2023 has been filed in which writ of possession has been issued fixing the date 4.4.2023 for compliance report. He further submitted that date of Ist April, 2023 is fixed in aforesaid revision to decide the stay application and further in light of judgment of Apex Court in the case of Mool Chand Yadav and Another vs. Raza Buland Sugar Company Limited, Rampur and others reported in (1982) 2 SCC 484, once the revision or appeal is admitted, it is required on the part of concerned Court to stay the impugned order also. He lastly submitted that after admission of revision, it is required on the part of revisional court to decide the stay application and till the disposal of stay application, no execution proceeding should have been initiated.

Considering the facts and circumstances of the case and date fixed 1.4.2023 in revision, writ petition is disposed of with direction to Revisional Court to decide the stay the application if possible on the next date fixed i.e. 1.4.2023 and in all eventuality within a period of one month from the date of production of certified copy of this order.

Learned counsel for the parties are directed to be present on the next date fixed i.e. 1.4.2023 before the concerned Court or any other date fixed thereafter.

Till the disposal of the stay application, Execution Case No.15 of 2023 shall remain stayed.

Order Date :- 27.3.2023

Junaid