Supreme Court Issues Strong Observations to Expedite Stayed Eviction Trials; Directs Allahabad HC Chief Justice to Act
- LEGALFOXES
- Apr 25
- 2 min read
In a significant development that could have wide-ranging implications for landlord-tenant disputes across the country, the Supreme Court of India has issued strong observations urging High Courts to expedite trials in cases where proceedings have been stayed particularly in eviction matters.
The order came in Miscellaneous Application No. 36/2025 in the case of Rajat Gaera vs. Tarun Rawat, where the petitioner raised concerns over the prolonged delay in trial due to a stay granted by the Allahabad High Court on SCC Revision No. 51/2021. The petitioner submitted that despite an earlier liberty granted by the Supreme Court to seek expeditious hearing, the matter had seen no progress.
A two-judge bench comprising Hon’ble Justice B.V. Nagarathna and Hon’ble Justice K.V. Viswanathan took serious note of the issue, observing that,
“Where the High Court has stayed the trial in cases, particularly pending between landlord and tenant, those cases must be heard expeditiously... as the stay of the trial or the original proceedings would inevitably lead to delay in the conclusion of the trial.”
The Court went a step further by directing that a copy of its order be placed before the Chief Justice of the Allahabad High Court, requesting the issuance of suitable administrative directions to ensure timely disposal of such stayed cases.
The matter stemmed from a situation where the tenant challenged a trial court’s order striking off the defence due to non-payment of admitted rent. The revision petition filed before the High Court resulted in a stay, stalling the entire eviction process and causing hardship to the landlord.
The petitioner, Rajat Gaera, was represented by Mr. Atin Hinduja, Advocate, Partner at Legalfoxes Advocates and Consultants, along with a legal team including Mr. Ashish Pandey, AOR, and other counsels.
This order is being seen as a much-needed push for judicial efficiency in civil litigation, especially in high-pendency categories like landlord-tenant disputes. Legal experts note that the Supreme Court’s remarks may serve as guidelines for High Courts to prioritize and hear such cases out of turn.
The Court disposed of the application while clearly underscoring the need to prevent misuse of interim reliefs that result in indefinite delay.
Copy of the order -
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