Kamla Gupta And 3 Others vs Surendra Kumar Jaisawal
2021 Latest Caselaw 2174 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1009 of 2021
 

 
Petitioner :- Kamla Gupta And 3 Others
 
Respondent :- Surendra Kumar Jaisawal
 
Counsel for Petitioner :- Dhiraj Srivastava,Sr. Advocate Sri B.K. Srivastava
 

 
Hon'ble Vivek Kumar Birla,J.

Heard Sri B.K. Srivastava, learned Senior Counsel assisted by Sri Dhiraj Srivastava, learned counsel for petitioners.

A mention was made in the morning that this case may be taken up on urgent basis as by the order dated 2.2.2021 police force has been provided for taking possession of the property in question. Therefore, this case was called from Registry and is now being taken up as mentioned matter.

Present petition has been filed with following prayers:-

"(i) Set-aside the impugned order dated 2.2.2021 passed by the Judge Small Cause Court, Kanpur Nagar (Annexure No. 2 to this petition).

(ii) Direct the Judge Small Causes Court, Kanpur Nagar to decide the stay application filed by the petitioners in Revision No. 72/ 2019, within a reasonable time and to stay the eviction by force till the disposal of revision/ stay application."

Sri B.K. Srivastava, learned Senior Counsel pointed out that Civil Revision No. 72/ 2019 is pending against the judgment of the trial court dated 18.9.2019 passed in SCC Case No. 127 of 2007. He submits that no interim order was granted in this case. He further submits that in the present case, impugned order was passed in the absence of the petitioner and straightway police force has been provided.

I do not find any good ground for keeping this petition pending. The same stands disposed of with liberty to the petitioner to file a recall application before the executing court for recalling the order dated 2.2.2021 along with the self- attested copy of this order, which may be verified from the official website of this Court.

If any such application for recall of the order dated 2.2.2021 is filed, the same shall be disposed of by the executing court on its own merits in accordance with law.

In the facts and circumstances of the case it is further provided that upto 1.3.2021, the impugned order dated 2.2.2021 shall remain in abeyance so as to enable the petitioner to avail the remedy as discussed above and disposal thereof.

It is made clear that this Court has not considered the case of the petitioner on merit and present petition is being disposed of in exercise of supervisory powers under Article 227 of the Constitution of India. It is further made clear that the interim protection is granted for that limited period only and for limited purpose as discussed above.

Since, this order is being passed without issuing notice to the plaintiff- respondent, therefore, he is at liberty to move recall application for recalling of this order.

With the aforesaid observations/ directions, present petition stands disposed of.

Order Date :- 9.2.2021

Aditya