High CourtsSingle Bench(2022) 12 SHI CK 0094

Tika Ram vs Bhupinder Singh

High Court Of Himachal Pradesh · Decided on 29 December 2022

HON’BLE JUDGES
Satyen Vaidya, J
RESULT
Dismissed
CASE NUMBER
CMPMO No. 661 Of 2022

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Judgment

6 paragraphs · 198 words

Satyen Vaidya, J

1.

Petitioner has approached this Court against order dated 08.12.2022, passed by learned Rent Controller (2), Shimla in Case No. 3-2 of 16, 16/2022.

2.

Despite number of opportunities granted to the petitioner at his request, he failed to file any objection in the execution petition filed by respondent herein. No error of jurisdiction has been pointed out in the impugned order. Even otherwise, there is no illegality or perversity in the order passed by learned Rent Controller (2), Shimla. Petitioner, herein, has suffered an eviction order. On receipt of notice of execution, he had the opportunity to file or raise any objection to the execution petition, in accordance with law. Evidently, he did not do so. Thereafter, as noticed above, petitioner sought adjournments for a couple of times and thereafter, also did not file any objection. Faced with the situation, impugned order was passed.

3.

This Court while exercising jurisdiction under Article 227 of the Constitution of India has restrictive jurisdiction.

4.

In the given facts of the case, I do not find any material to exercise such jurisdiction, accordingly, the petition is dismissed.

Pending miscellaneous application(s), if any, shall also stand disposed of.