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Judgment
Vipin Sanghi, CJ
The appellant has preferred the present special appeal to raise the limited challenge to the order dated 02.11.2022, passed by the learned Single Judge in Writ Petition (M/S) No.2676 of 2022, preferred by the respondent-Association. The appellant is arrayed as respondent no.2 in the said writ petition.
The limited grievance of the appellant is that the learned Single Judge, while observing that none of the suits or civil proceedings initiated by the respondent-Association before the Revenue or the Civil Courts shall be dismissed on the ground of passing of the impugned order in the writ petition, whereby the registration of the writ petitioner-association has been cancelled, the rights of the appellant, who claims to be the tenant of the respondent-Association have not been protected. Learned counsel submits that, in case eviction proceedings initiated by the Association are allowed, and eviction has obtained, the same would cause prejudice to the appellant, in the event of the writ petition being dismissed and cancellation of registration being upheld.
Learned counsel for respondent-Association appears and fairly states that the respondent-Association shall not execute the eviction decree, even if passed, till the pendency of the writ petition.
We take the said statement of the respondent-Association on record, whereby it shall remain bound.
The appellant, through counsel, undertakes to deposit the rents in terms of the order passed by the learned Single Judge. He shall remain bound by this undertaking.
The appeal stands disposed of in the aforesaid terms.
Pending application, if any, also stands disposed of.