Allahabad High Court
Sri. Ankush Mehra vs Additional District Judge And Others on 2 August, 2010
Author: Devendra Pratap Singh
Bench: Devendra Pratap Singh
Court No. - 7 Case :- WRIT - A No. - 44614 of 2010 Petitioner :- Sri. Ankush Mehra Respondent :- Additional District Judge And Others Petitioner Counsel :- Ashish Bansal,Rama Goel "Bansal" Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and perused the record.
It is pleaded that the petitioner landlord had instituted SCC Suit No.39 of 2003 before the Judge Small Causes Court, Moradabad against the respondent tenant for arrears of rent and eviction which was decreed exparte vide order dated 13.3.2007 in pursuance of which the petitioner filed an execution application on 17th of April 2007. However, the tenant filed an application under Order 9 Rule 13 C.P.C. for recall of the exparte eviction decree which was dismissed on 25th of January 2010 against which a revision was filed by the tenant wherein conditional interim order was granted on 9th of February 2010 directing the tenant to deposit the entire decretal amount before the court below and fixed 23.3.2010 for disposal of the stay application. However, the said amount was not deposited and therefore, the stay stood vacated which was also clarified by the revisional court in its order dated 30th April 2010. The petitioner pressed his execution and moved an application for issue of writ of possession but the executing court is not proceeding with the matter on the one hand and though the argument of the petitioner has been concluded in the revisional court, the tenant is not arguing out the revision.
If the aforesaid facts are correct, the revisional court may finally dispose off the Revision No.5 of 2010 within a period of four weeks and so also the executing court may execute the decree in accordance to law within a period of one month from the date of submission of a certified copy of this order.
Subject to the aforesaid, the writ petition is finally disposed off.
Order Date :- 2.8.2010 PKG