# of 2005- Ganga Prasad Vs. M/s Hanif Opticians & others

- **Citation:** C.L. No. 6/
- **Court:** Allahabad High Court
- **Decided:** 2006-02-15
- **Case number:** C.L. No. 6/
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/of-2005-ganga-prasad-vs-m-s-hanif-opticians-others-163279
- **Pages:** 1

## Text

214
directions in the judgment referred to herein above and make sure obedience in epistle
and force.
(xxxii) Judgment and order dated 24.9.2005 in Civil Misc. Writ Petition No. 63114
of 2005- Ganga Prasad Vs. M/s Hanif Opticians & others.
C.L. No. 6/ Admin ̳G' /2006: Dated: 15th February, 2006
While enclosing herewith a copy of judgment and order dated 24.9.2005 in Civil
Misc Wit Petition No. 63114 of 2005 Ganga Prasad Vs. M/s Hanif Opticians & others. I
am desired to say that the Hon'ble Court (Hon'ble Mr. Justice S.U. Khan ) has been
pleased to observe that the tenants enjoying the tenanted property on highly inadequate
rent tend to prolong the disposal of the appeal or revision for continuing their possession
without payment or proper rent/damages for use and occupation. If the stay against
eviction is granted on the condition of monthly payment of reasonable amount this
practice can sufficiently be checked. The Hon'ble Court has therefore directed that in
revisions under section 25 Provincial Small Caused Court Act or appeal under Section 22
of U.P. Act No. 13 of 1972 District Judge or Addl. District Judge while granting stay
order shall impose conditions of payment of reasonable among which may be about 50%
of the Current rent (i.e. rent on which building in dispute may be let out at the time of
grant of stay order. In this regard no detailed inquiry need be made. Mere guesswork
based on common sense may do).
Therefore. You are requested to kindly circulate the said judgment to all the
additional District & Sessions Judge in the Judgeship under your administrative control
for their guidance.
Improvement in administration of Civil Justice System
C. L. No. 41/2006, dated 19-9-2006
With reference to the above subject I am directed to inform you that to shore up
the administration of Civil Justice System in the Chief Justices' Conference, 2006, it has
been resolved that a holistic approach a required to be adopted with stringent
enforcement of the provisions of the Civil Procedure Code in the matter of service of
process, filing of written statement, use of Alternative Dispute Resolution (ADR)
methods, imposing of costs, admission/denial of documents, examination of parties,
discovery and inspection of documents, framing of issues, granting of adjournments,
production of witnesses and granting of ex parte injunction/stay orders by all the Judicial
Officers.

Therefore, I am further directed to request you to impress upon all the Judicial
officers working under your supervision and control in the Judgeship to follow the above
directions meticulously.
16.
EXECUTION CASES
G.L. No. 3020/19-O-20 dated 4th September, 1920

Complaint are frequently made of the difficulties encountered by decree-holders
and these complaints are to a large extent justified owing to constant neglect in properly
complying with the directions laid down in Chapter VI of the General Rules (Civil),
1957. The execution clerk appears to be allowed a very free-hand and is commonly