Allahabad High Court
GULFAMversusSMT. TAMEEJAN BEGUM AND 11 OTHERS
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The High Court held that execution must be stayed pending determination of the stay applications and that notice to the respondents may be dispensed with to prevent irreparable loss to the petitioner.
Summary
The petitioner, a tenant, challenged orders of the Small Causes Court that issued a Dakhal Parwana and directed possession to the landlord despite pending stay applications in a revision of the eviction decree. The petitioner argued that proceeding with execution would render the revision ineffective and cause imminent dispossession. The High Court noted that the revision and stay applications were pending before the District Judge and that the execution court had acted without issuing notice to the petitioner. It directed that the revisional court consider the stay applications within two weeks and stayed all further execution proceedings for four weeks or until the stay applications are decided. The order was limited to preserving the status quo and did not express any view on the merits of the underlying eviction suit.
Issues considered
- Whether execution of the decree may proceed while stay applications are pending in the revision.
- Whether notice to the respondents can be dispensed with in view of the pending revision.
- Whether the High Court can direct the revisional court to decide the stay applications expeditiously.
Subjects
- execution
- stay of decree
- revision
- Article 227
- possession
- landlord-tenant
- civil procedure
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6313 of 2026
Gulfam
.....Petitioner(s)
Versus
Smt. Tameejan Begum And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jitendra Singh, Niraj Kumar Dwivedi
Counsel for Respondent(s) :
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Niraj Kumar Dwivedi, learned counsel for the petitioner.
The present petition has been filed seeking to assail the orders dated 06.04.2026 and
07.04.2026 passed by the Court of Small Causes Court, Moradabad in Execution Suit
No. 15 of 2026 (Smt. Tameejan Begum and others vs. Gulfam), and for a direction that
the same be kept in abeyance for a stipulated period.
A further prayer has been made for a direction to decide the stay applications dated
17.02.2026 and 09.04.2026 stated to be pending before the District Judge, Moradabad
in Civil Revision No. 34 of 2026 (Gulfam vs. Smt. Tameejan and others).
It is submitted that S.C.C. Suit No. 50 of 2024, instituted by respondent no.1-landlord
seeking ejectment of the tenant, was decreed by judgment dated 06.01.2026.
Aggrieved thereby, the petitioner preferred S.C.C. Revision No. 34 of 2026 along with
an application for stay.
The revisional court, by order dated 25.02.2026, admitted the revision and directed
issuance of notice to the respondents. It is submitted that in the meantime, the
executing court proceeded in the Execution Case No. 15 of 2026, and on 06.04.2026,
without issuing notice to the petitioner-tenant (judgment-debtor), issued Dakhal
Parwana. A further order was passed on 07.04.2026 directing the Amin to take
necessary measures for ensuring delivery of possession to the respondent-landlord.
Against the apprehended dispossession, the petitioner filed another application on
09.04.2026 seeking stay of the decree passed in the S.C.C. suit.
It is submitted that the two applications dated 17.02.2026 and 09.04.2026 seeking
appropriate interim relief are pending before the revisional court and, in the meantime,
the executing court has proceeded to enforce the decree.
It is urged that the Petitioner faces imminent threat of being dispossessed which would
A227 No. 6313 of 2026
2
render the pending revision infructous.
In view of the order proposed to be passed, issuance of notice to the respondents is
dispensed with.
Having regard to the facts and circumstances of the case, it is directed that the
revisional court shall accord due consideration to the applications seeking stay filed on
17.02.2026 and 09.04.2026, expeditiously, preferably within a period of two weeks
from the date a certified copy of this order is produced before it.
For a period of four weeks from today, or till orders are passed on the aforesaid stay
applications, whichever is earlier, further proceedings for execution pursuant to the
orders passed in Execution Case No. 15 of 2026 shall remain in abeyance, and the
petitioner shall not be evicted.
It is made clear that the observations made hereinabove are confined only to the
prayer for expeditious consideration of the stay applications in the pending revision
and shall not be construed as any expression of opinion on the merits of the case,
which shall be considered independently by the revisional court.
(Dr. Yogendra Kumar Srivastava,J.)
May 6, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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