Jannantun Nisha @ Jannatul Nisha and 6 Others Vs Ram Hetu and 3 Others — Allahabad HC (2025) — LawSathi Research

Jannantun Nisha @ Jannatul Nisha and 6 Others Vs Ram Hetu and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the review petition condoned and the condonation application allowed; the review application itself dismissed with no relief to the applicants; execution proceedings to be proceeded with and completed within two months, with a completion report to the Senior Registrar of this Bench, who is directed to communicate the order to the court concerned.

Issue for consideration

Whether the delay in filing the review petition ought to be condoned. +2 more

Court's answer

The delay in filing the review petition is condoned.

Ratio / Principle

The applicants' request for three months' time to vacate the premises cannot be considered, the same not being within the purview of the prescriptions contained under Section 114 of the C.P.C.

Key takeaways

Considering both aforesaid reasons, no good grounds for review are made out and the review application is dismissed.ratio¶20
The execution shall be proceeded with and a report on the completion of the execution shall be sent by the court concerned to the Senior Registrar of this Bench within a period of two months.ratio¶23
The Senior Registrar is directed to communicate the order to the court concerned, which is to complete the execution proceedings within the aforesaid period.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 6 — Pankaj Bhatia, J. — CMRAD No. 145 of 2025, Jannantun Nisha @ Jannatul Nisha And 6 Others v. Ram Hetu And 3 Others (decided September 8, 2025): The Court condoned the delay in filing the review petition and allowed C.M. Application No. 1 of 2025, but dismissed the review application seeking review of the judgment and order passed by this Court on 02.07.2025. The review prayer was confined to obtaining three months' time to vacate the premises in question; the Court held this outside the purview of the prescriptions contained under Section 114 of the C.P.C., and further noted counsel for the respondents' statement that the petitioners were not even appearing in the execution proceedings, concluding that no good grounds for review were made out. Directions: the execution shall be proceeded with and completed within a period of two months, with a report on completion sent by the court concerned to the Senior Registrar of this Bench, who is directed to communicate the order to the court concerned. Counsel for applicants: Mohd. Rafi Khan, Mahendra Kumar Verma; none listed for opposite parties.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 145 of 2025

Jannantun Nisha @ Jannatul Nisha And 6 Others

.....Applicant(s)

Versus

Ram Hetu And 3 Others

.....Opposite Party(s) Counsel for Applicant(s) : Mohd. Rafi Khan, Mahendra Kumar Verma Counsel for Opposite Party(s) :

Court No. - 6

HON'BLE PANKAJ BHATIA, J.

(Order on C.M. Application No. 1 of 2025)

This is an application for condonation of delay in filing the review petition.

Cause shown is sufficient.

Delay is condoned.

The application is allowed.

(Order on Review Petition)

Heard learned counsels for the parties and perused the material available on record.

The present review application has been filed seeking review of the judgment and order passed by this Court on 02.07.2025.

The contention of counsel for the review applicants is that, the applicants want three months' time to vacate the premises in question and the review application is confined only to that aspect.

The said argument cannot be considered as, the same is not within the purview of prescriptions contained under Section 114 of the C.P.C. and secondly because, counsel for the respondents states that the petitioners are not even appearing in the execution proceedings.

Thus, both the aforesaid reasons, no good grounds for review are made out. The review application is, accordingly, dismissed.

CMRAD No. 145 of 2025

2

However, the execution shall be proceeded with and a report shall be sent with regard to the completion of the execution within a period of two months by the court concerned to the Senior Registrar of this Bench.

The Senior Registrar is directed to communicate this order to the court concerned to complete the execution proceedings within the aforesaid period.

September 8, 2025 Praveen

(Pankaj Bhatia,J.)

Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench