Girja Devi (Deceased) And 4 Others vs Rajeev Kakkar @ Raju And Another
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Allahabad High Court

Girja Devi (Deceased) And 4 Others vs Rajeev Kakkar @ Raju And Another on 2 February, 2026

Author: Yogendra Kumar Srivastava

Bench: Yogendra Kumar Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:22618
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
MATTERS UNDER ARTICLE 227 No. - 1144 of 2026   
 
   Girja Devi (Deceased) And 4 Others    
 
  .....Petitioner(s)   
 
 Versus  
 
   Rajeev Kakkar @ Raju And Another    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
 Neha Pandey, Deepanker Pandey, Piyush Pandey   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
     
 
 Court No. - 35
 
   
 
 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.      

Heard Sri Piyush Pandey, learned counsel for the petitioners.

The present petition has been filed seeking a direction to Civil Judge (Senior Division), Banda to decide the Misc. Case No. 36/74 year 2018 (Girja Devi vs. Rajeev Kakkar @ Raju and another) to recall the order dated 16.08.2011 stated to have been passed ex parte against the petitioners in Rent Case No. 02 year 2009 and also to decide substitution application dated 06.10.2025, within a stipulated time period.

Counsel for the petitioners has referred to the 'order sheet' of the case, a copy whereof has been appended to the writ petition which indicates that an order dated 16.08.2011 was passed against the petitioners in Rent Case No. 02 of 2009, in terms of which he was directed to handover possession of the shop in question to the landlord.

An application seeking recall of the aforementioned order was preferred on 10.12.2018. The delay in filing the recall application was attributed to the fact that the petitioners came to know the proceedings only when execution case was filed.

The order sheet of the Rent Case indicates that recently a substitution application and an amendment application have been filed on behalf of the petitioners.

Having regard to the aforestated facts, particularly since various interlocutory applications have been filed by the petitioners recently, which are pending consideration, this Court is not inclined to issue the direction as prayed for, at this stage.

It would, however, be open to the petitioners to appear before the court concerned and pray for expedition of the proceedings.

The petition is disposed of accordingly.

(Dr. Yogendra Kumar Srivastava,J.)

February 2, 2026

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