Gulfam vs Smt. Tameejan Begum And 11 Others
- Neutral2026:AHC:103967
Ratio decidendi
The rule this decision rests on
Where a tenant-judgment debtor has filed a revision petition against an ejectment decree with pending applications for stay of that decree, and the executing court proceeds with enforcement of the decree (including issuance of Dakhal Parwana and orders for delivery of possession) without notice to the judgment debtor, the High Court exercising jurisdiction under Article 227 may direct the revisional court to accord expeditious consideration to the stay applications and direct the executing court to keep its proceedings in abeyance for a limited period, to prevent the pending revision from being rendered infructuous by premature execution.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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 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
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