It is extremely unfortunate that learned A.D.J/Special Judge E.C. Act, Allahabad in R.C. Appeal no.188 of 2011 Sharwan Kumar Vs. Ajay Kumar Jaiswal wasted several dates by inviting objection on stay application and ultimately granted unconditional stay order on 23.3.2012. In several cases including Ganga Prasad Vs. M/S Hanif Opticians 2005(23) ARC 723 this Court has issued the directions to the effect that tenants shall be granted conditional stay orders.
Accordingly, writ petition is disposed of with the direction that the appeal shall be decided very expeditiously preferably within six months.
Absolutely no unnecessary adjournment shall be granted to any of the parties. If any adjournment is granted to any of the parties then it shall be on a very heavy cost which shall not be less than Rs. 500/- per adjournment payable before the next date failing which defaulter party shall not be permitted to participate in the proceedings of the suit.
Until decision of the appeal dispossession of the tenant appellant shall remain stayed provided that w.e.f. December 2012 onward he deposits rent @ of Rs.3000/- per month by 7th of each succeeding month before the lower appellate court for immediate payment to the landlord petitioner. In case of two defaults stay order shall stand automatically vacated and tenant shall forthwith be evicted from the property in dispute.
In future if any unconditional stay order is granted to the tenant, and it comes to the knowledge of this Court then it may consider to make recommendation for making adverse entry in the service record of the D.J./A.D.J. concerned. Learned District Judge Allahabad is directed to circulate this order to all Additional District Judges for strict compliance.
Office is directed to send a copy of this order to the District Judge, Allahabad immediately.
Order Date :- 18.12.2012 vkg