Kiran Kumar Lal v. Smt. Meena Sonkar

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7255 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard. Present petition has been preferred with following main prayer:- " Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to direct to Additional District & Sessions Judge/Special Judge-Special Court No. 4 (Prevention and Corruption Act) Lucknow/Rent Tribunal to conclude the proceeding of Rent Appeal No. 249/2024, Smt. Meena Sonkar Versus Kiran Kumar Lal and pass final order in accordance with law within stipulated period without granting unnecessary adjournment to either party, in the interest of justice." Learned counsel for the applicant has submitted that petitioner is the owner of shop situated in House bearing no. 551 GH-A/30, Govind Gali, Natjkhera Road, Alambagh, Lucknow, which was taken on rent by the husband of respondent (now died) from the father of the petitioner on the rent of Rs. 100/- per month in the year 1976 and time to time, the rent was enhanced but since 01.09.2014, rent was never ever paid either by husband of the respondent or by respondent after demise of her husband. It is further submitted that the petitioner filed a case no. 3273 of 2023 under Section 21 (2) of the U.P. Urban Tenancy Regulation Act, 2021 before the Additional District Magistrate, Nagar (Purvi)/Rent Tribunal, Lucknow for eviction of respondent from the shop, which was allowed by the judgment and order dated 30.07.2024. Against which the respondent has filed an Appeal No. 249 of 2024 in which an order has been passed on 21.09.2024 deciding application Ga (6) with a direction to the respondent to pay a sum of Rs. 4000/- per month as rent till final disposal of the appeal. It is further submitted that 19 dates were fixed but the respondent herein took adjournments for one reason or other and on last 6 occasions, the adjournments were granted by the Appellate Court while noting in its order that the prayer of adjournment has vehemently been opposed by the counsel for the petitioner herein. Versus Counsel for Petitioner(s) : Dharmendra Kumar Counsel for Respondent(s) :

Kiran Kumar Lal .....Petitioner(s) Smt. Meena Sonkar .....Respondent(s) It is further submitted that the adjournments were granted while imposing cost on

17.03.2025, 02.05.2025, 30.05.2025, 16.07.2025, 07.08.2025, 15.10.2025 and

17.11.2025. The petitioner is facing hardship thus, he has submitted that some direction may be issued to the appellate Court to decide the matter within the time stipulated by this Court. After hearing learned counsel for the petitioner and going through the order sheets, it is found that initially the adjournments were simply granted but thereafter the adjournments were granted despite being opposed by the learned counsel for the petitioner and while imposing cost upon respondent herein on six occasions due to which petitioner is facing hardship. Even the rent as directed by the appellate court is also not being paid. Under these circumstances, it is expected that the Additional District and Sessions Judge/Special Judge-Special Court No. 04 (Prevention and Corruption Act), Lucknow/Rent Tribunal shall conclude the proceedings of Rent Appeal No. 249 of 2024 (Smt. Meena Sonkar Vs. Kiran Kumar Lal) expeditiously, in accordance with law, if there is no other legal impediment, without granting any unnecessary adjournment to either of the parties and if any adjournment is sought by either of the parties, only short dates may be fixed. Writ petition is disposed of. December 17, 2025 Ashish A227 No. 7255 of 2025 (Manish Kumar,J.) High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench