Allahabad High Court
Suresh Chandra vs Judge Small Cause Court, Lucknow And ... on 23 March, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- MATTERS UNDER ARTICLE 227 No. - 1386 of 2023 Petitioner :- Suresh Chandra Respondent :- Judge Small Cause Court, Lucknow And Another Counsel for Petitioner :- Avinash Mishra 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 Execution Case No.25 of 2018 filed by petitioner for execution of judgment and order passed in SCC Suit No.109 of 2016 filed by petitioner for arrears of rent, damages and ejectment, decided ex party on 11.01.2018.
Learned counsel for petitioner submits that after decision in the SCC Suit, the opposite party no.2 had filed an application under Order 9, Rule 13 of the Code along with an application under section 17 of Small Cause Court's Act, which was rejected on 31.03.2021 and was challenged in Civil Revision No.43 of 2021 which has also been rejected vide order dated 14.01.2022. It is submitted that in the meantime application under Order 9 Rule 13 of the Code was also rejected on 04.09.2021 and application for recall of the same was also rejected on 19.07.2022 but the same has been challenged in SCC Revision No.104 of 2022 which is pending consideration and in which petitioner has already filed objections. It is submitted that an application filed by opposite party no.2 under Order 21 Rule 26 of the Code has also been rejected on 19.10.2022. As such, it is submitted that at present there is no order staying the judgment and order passed initially in SCC proceedings.
Considering submissions advanced by learned counsel for petitioner, it is directed that in case there is no stay of execution proceedings or of the judgment an order dated 11.01.2018 passed in SCC proceedings, opposite party no.1 i.e. Judge Small Cause Court, Lucknow shall decide the SCC Execution Case No.25 of 2018; Suresh Chandra versus Shailendra Kumar expeditiously, preferably within a period of three months from the date a certified copy of this order is brought on record of proceedings particularly 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 :- 23.3.2023 Subodh/-