Allahabad High Court
MOHD FARUKH AND 9 OTHERSversusGULAM RASOOL AND 5 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The petition is dismissed as withdrawn, and any interim order stands vacated.
Summary
The petitioners filed a writ petition under Article 227 seeking to set aside a September 2024 order of the Additional District and Sessions Judge in a rent appeal (Rent Appeal No. 20 of 2021) and to enforce a Small Cause Court judgment granting them possession of a property in Saharanpur. The petition relied on Section 21(1)(A) of the Uttar Pradesh Act No. 13 of 1972. No counsel appeared for the respondents. On the day of hearing, the petitioners, through their counsel, withdrew the petition. The High Court therefore dismissed the petition as withdrawn and vacated any interim order that might have been in force.
Issues considered
- Whether the order dated 24‑09‑2024 passed by the Additional District and Sessions Judge in Rent Appeal No. 20 of 2021 can be set aside under Section 21(1)(A) of the Uttar Pradesh Act No. 13 of 1972.
- Whether the petitioners are entitled to a direction for possession of the property as per the Small Cause Court judgment dated 06‑02‑2021.
Legislation cited
- Uttar Pradesh Act No. 13 of 1972 — s. 21(1)(A)
Subjects
- civil procedure
- rent appeal
- possession
- Section 21(1)(A)
- withdrawal of petition
- Article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 15865 of 2024
Mohd Farukh And 9 Others
.....Petitioner(s)
Versus
Gulam Rasool And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shubham Srivastava, Sunil Kumar
Srivastava
Counsel for Respondent(s) : Manoj Kumar Rai
Court No. - 34
Sl. No. 27
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Shubham Srivastava, learned counsel for the petitioner. None appears
on behalf of the respondents.
2. The instant petition has been filed seeking the following relief:
"(a) to set aside the order dated 24.9.2024 passed by learned Addl. District and
Sessions Judge, Room No. 11 Saharanpur in Rent Appeal No. 20 of 2021 (Gulam
Rasool Vs. Mohd. Farukh (since deceased) and others arising out of P.A. Case No. 14
of 2017 Mohd. Farukh Vs. Gulam Rasool and others under Section 21(1)(A) of U.P.
Act No. 13 of 1972.
(b) to direct the respondents had over the possession of the property bearing house no.
4/225, area 58.70 sq. yard situated at Mohalla Maliyan Bomanji road Saharanpur as
per judgment and order dated 6.2.2021 passed by prescribed authority/judge, Small
Cause Court, Saharanpur in P.A. Case No. 14 of 2017."
3. Learned counsel for the petitioner on instructions seeks to withdraw the instant
petition and submits that the same may be dismissed as withdrawn.
4. Accordingly, the instant petition is dismissed as withdrawn.
5. Interim order, if any, stands vacated.
(Anish Kumar Gupta,J.)
September 29, 2026
o.k.
Digitally signed by :-
OM KRISHNA CHOUDHARY
High Court of Judicature at Allahabad
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