Palendra Kumar Sharma And 2 Others vs Rajeev Kumar Agrawal
2024 Latest Caselaw 36666 ALL

Allahabad High Court

Palendra Kumar Sharma And 2 Others vs Rajeev Kumar Agrawal on 7 November, 2024

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:174577
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 11293 of 2024
 

 
Petitioner :- Palendra Kumar Sharma And 2 Others
 
Respondent :- Rajeev Kumar Agrawal
 
Counsel for Petitioner :- Sachin Kumar Sharma
 

 
Hon'ble Ajit Kumar,J.
 

Heard learned counsel for the petitioner.

By means of this petition filed under Article 227 of the Constitution, petitioner has prayed for a direction to the Judge, Small Cause not to proceed further in execution proceedings in case no. 01 of 2019 during the pendency of S.C.C.Revision No. 10 of 2023 in which the judgment and decree itself has been challenged.

In the given facts and circumstances of the case since the order under challenge in Revision was an ex parte order decreeing the Small Cause Suit in favour of the landlord/ respondent, it is hereby provided that the court sitting in revision in the first instance will consider the stay application filed by the petitioner in pending revision and shall be passing appropriate orders after giving opportunity of hearing to both the parties within a maximum period of 15 days of production of certified copy of this order and if the application is not disposed of, the Court will ensure to grant interim protection to the petitioner as against the execution proceedings for the reason that revision petition filed before the Court concerned has come to be admitted. It is also directed that the revision itself will be disposed of finally within a period of three months without granting any unnecessary adjournment to either of the parties.

With the aforesaid observations and directions, this petition stands disposed of.

Order Date :- 7.11.2024

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