High Courts(1999) 01 AHC CK 0057

Mukarrum Khan vs Second Addl. District Judge,Muzaffarnagar and Others

Allahabad High Court · Decided on 25 January 1999

HON’BLE JUDGES
S.N.Agarwal, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Writ Petition No. 3170 of 1994

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Judgment

4 paragraphs · 244 words

Sudhir Narain, J.—This writ petition is directed against the order dated 5.1.1994 rejecting the stay application filed by the petitioner.

2.

The facts of the case in brief are that the petitioner is tenant of the disputed premises of which respondent No. 2 is landlord. Respondent No. 2 filed suit for recovery of arrears of rent, ejectment and damages before the Judge, Small Causes Court. The trial Court decreed the suit exparte. The petitioner filed application for setting aside the exparte decree. The application was rejected by the trial Court. The petitioner filed revision against that order before the revisional Court. He also filed application for grant of interim stay order. The Court concerned rejected the application for interim stay order vide order dated 5.1.1994. This Court had stayed the aforesaid order but has not stayed the further proceedings in the revision. The learned counsel for the petitioner made statement that the revision has not been stayed.

3.

Considering the facts and circumstances of the case, respondents No. 1 or the Court concerned where the revision is pending, is directed to decide the revision within two months from the date of filing of a certified copy of this order by the petitioner. The petitioner, if not already ejected, shall not be ejected from the premises in dispute for a period of two months or till the disposal of the revision whichever is earlier.

The writ petition is accordingly disposed of finally. Petition disposed of.