Allahabad High Court
Moid-Ur-Rahman vs Civil Judge (Jr Dn) Court No.13 ... on 6 June, 2018
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- RENT CONTROL No. - 17453 of 2018
Petitioner :- Moid-Ur-Rahman
Respondent :- Civil Judge (Jr Dn) Court No.13 Barabanki & Ors.
Counsel for Petitioner :- Tung Nath Tiwari
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri T. N. Tiwari, learned counsel for the petitioner.
Since the Civil Judge, Junior Division, Court No.13, District-Barabanki is opposite party No.1 in this writ petition and nobody has accepted notice on behalf of the Court, therefore, the copy of the writ petition be provided to Sri Gaurav Mehrotra, learned counsel, who may assist the Court on the next date of listing on behalf of the Court concerned at Barabanki.
Issue notice to opposite party Nos.2 and 3 returnable at an early date, for which, necessary steps be taken within a week.
Learned counsel for the petitioner has assured that he shall provide the copy of the writ petition to Sri Gaurav Mehrotra, learned `counsel, during the course of day and Sri Mehrotra is required to assist the Court on the next date of listing on behalf of the Court concerned at Barabanki.
Learned counsel for the petitioner has submitted that the petitioner has filed the Rent Control Case No.14327 of 2018; Moid-ur-Rehman vs. District Judge, Barabanki and others, which is pending before this Court and is listed in the first week of July, 2018. Vide order dated 29.05.2018, this Court was pleased to pass an order that if any order is passed by the Court concerned, the same shall be subject to further order of this Court.
Learned counsel for the petitioner has further submitted that the petitioner has produced the copy of the aforesaid order before the Court of Small Causes Court/ Civil Judge, Junior Division, Court No.13, Barabanki on 30.05.2018, but the said Court had already passed order dated 29.05.2018 directing to break the lock of the premises in question. The petitioner thereafter filed an application before the Court concerned annexing the copy of order dated 29.05.2018 passed by this Court, the learned Court below i.e. opposite party No.1 has passed an order dated 30.05.2018 observing that since no interim order has been passed by Hon'ble High Court and the order dated 29.05.2018 had already been passed by the learned court below, therefore, the exercise to break the lock of the premises in question may not be suspended.
Learned counsel for the petitioner has further submitted that till date the lock has not been broken and if no interim protection is granted, the lock of the premises in question shall be broken.
List this case on 03.07.2018 as fresh along with Writ Petition No.14327 (R/C) of 2018.
Till the next date of listing, the status-quo in respect of the premises in question shall be maintained. However, it is clarified that interim order shall not be extended on the next date of listing without hearing the parties concerned.
Order Date :- 6.6.2018
Suresh/
[Rajesh Singh Chauhan,J.]
