Allahabad High Court
Smt. Manorama vs In The Court Of District Judge, Lko. And 6 ... on 17 April, 2023
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- MATTERS UNDER ARTICLE 227 No. - 1975 of 2023 Petitioner :- Smt. Manorama Respondent :- In The Court Of District Judge, Lko. And 6 Others Counsel for Petitioner :- Shobhit Nigam Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner. In view of order being passed, notices to opposite parties stand dispensed with.
Petition has been filed under Article 227 of the Constitution of India seeking a direction to court concerned for expeditious disposal of Application for interim relief filed by petitioner in Misc. Civil Appeal No.49 of 2023 (Smt. Manorama v. Smt. Kamla Devi and others) against order dated 08.02.2023 as well as order dated 16.03.2023 passed in Execution Case No.1 of 1983.
Learned counsel for petitioner submits that initially a suit for arrears of rent and ejectment was filed by one Smt. Dulara in which petitioner was not made a party to proceedings despite the fact that the petitioner had purchased the suit premises by means of registered sale deed dated 25.4.1986. It is submitted that aforesaid suit was decreed whereafter the aforesaid execution case was filed and upon gaining knowledge of same petitioner filed an Application under Order 21 Rule 35/98 of the Code of Civil Procedure 1908 (hereinafter referred to as the Code) which has been rejected by means of Order dated 08.02.2023 against which aforesaid Misc. Civil Appeal has been filed and is pending consideration along with Application for interim stay.
It is submitted that despite pendency of Appeal which has been admitted, execution proceedings are underway in which the certificate of possession has been issued by the executing court and there is grave apprehension that petitioner would be dispossessed from the suit premises today itself. It is on that fact that the petition has been taken up on an urgent basis.
Considering the submissions advanced by learned counsel for petitioner and upon perusal of material on record, it is evident that by means of order dated 08.02.2023, Application preferred by petitioner under Order 21 Rule 35/98 of the Code has been rejected against which aforesaid Misc. Civil Appeal has been filed and is pending consideration along with Application for interim stay. It also appears that aforesaid appeal is fixed for hearing on application for interim stay on 19.04.2023.
In view of aforesaid, opposite party no.1 i.e. District Judge, Lucknow is directed to consider and decide the pending application for interim relief in Misc. Civil Appeal No.49 of 2023 (Smt. Manorama v. Smt. Kamla Devi and others) on the next date fixed in view of the urgency. It is therefore ordered that till 19.04.2023, petitioners shall not be evicted from the premises in question.
With aforesaid observations, the writ petition stands disposed of.
Order Date :- 17.4.2023 kvg/-