Direction for Expeditious Adjudication of Delays and Restoration Applications Where Tenant is Dispossessed

The petitioner, a tenant, was ousted from the rented suit premises following the dismissal of their appeal (Regular Civil Appeal No. 81/2017) for default by the Appellate Bench of the Small Cause Court, Ahmedabad.

The petitioner subsequently filed a delay condonation application (CMA SC No. 147/2025) and a restoration application to revive the appeal.

Contending that the non-adjudication of these applications prevented them from seeking legal relief while being dispossessed, the petitioner approached the High Court under Article 227 of the Constitution of India seeking directions for time-bound disposal and restoration of possession.

Whether the High Court should exercise its supervisory jurisdiction to direct the expedited adjudication of pending delay and restoration applications in a rent-related appeal.

The court exercised its supervisory jurisdiction under Article 227 of the Constitution of India, which empowers High Courts to superintend subordinate courts and ensure the efficient administration of justice.

The procedural framework of the Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947, and the Code of Civil Procedure, 1908, specifically regarding the restoration of appeals dismissed for default and the condonation of delay in filing such applications.

The court observed that the petitioner’s applications for condonation of delay and restoration of the appeal had been pending for over a year before the Appellate Bench of the Small Cause Court.

The court noted the petitioner’s grievance that they had been ousted from the suit premises and were unable to obtain any substantive relief due to the procedural stalemate in the lower court.

Recognizing that the applications were pending "since long," the court found it necessary to ensure a timely resolution to protect the parties' interests.

The court avoided delving into the merits of the case, preserving the rights of both parties to argue their respective positions before the Appellate Bench.

If the delay is condoned, the restoration application should be decided within one month thereafter. All other prayers, including the restoration of physical possession (status-quo ante), were not granted as the court left the merits to be decided by the lower court.