Rahul Panchal vs C/M Rastriya Sabha Khair And 2 ...
2023 Latest Caselaw 22609 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:167264
 
Court No. - 4
 
Case :- MATTERS UNDER ARTICLE 227 No. - 8635 of 2023
 
Petitioner :- Rahul Panchal
 
Respondent :- C/M Rastriya Sabha Khair And 2 Others
 
Counsel for Petitioner :- Pankaj Agarwal,Shekhar Gangal
 

 
Hon'ble Prakash Padia,J.

1. Heard Shri Tarun Agarwal, Advocate holding brief of Shri Pankaj Agarwal, learned counsel for the petitioner.

2. The present petition has been filed inter-alia with the following prayer:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to call for the records of the courts below and set aside the impugned judgment and order dated 1.4.2023 passed by revisional court (District Judge, Aligarh) in S.C.C. Revision No. 89 of 2022 (Annexure-5 to the instant petition) and the impugned judgment and order dated 6.9.2022 passed by Judge Small Causes, Aligarh in S.C.C. Suit No. 50 of 2014 (Annexure-3 to the instant petition) , and dismiss the suit of the plaintiffs/respondents herein in toto ; and/ or such other and further orders be passed as is expedient in the interest of justice."

3. It is argued by the counsel for the petitioner that identical controversy has already been decided by the Coordinate Bench of this Court in bunch of cases vide judgment and order dated 24.07.2023 being leading petition Matter Under Article 227 No. 6926 of 2023 (Mahendra Singh vs. Committee of Management Rastriya Sabha Khair and 2 others). By the aforesaid judgment, the petitioners were granted time to vacate the shop(s) in dispute on or before 30.04.2024 provided they continue to deposit admitted rent beforfe the Judge Small Causes Court, month-to-month. Operative portion of the aforesaid judgment dated 24.07.2023 i.e., paragraph-28 is reproduced below:-

"28. The petitioners are granted time to vacate the shop(s) in dispute on or before 30.04.2024 provided they continue to deposit admitted rent before the Judge Small Causes Court, month-to-month, which shall be released in favour of the plaintiff-respondents without furnishing any security. It is also provided that, in case, the petitioners fail to vacate the shops in dispute as directed hereinabove, the Executing Court shall execute the decree of eviction forthwith by using force on or before 31.05.2024 i.e. within a month of the last date fixed by this Court saving possession of the petitioners. "

4. It is argued that since the controversy involved in the present case is absolutely identical, as such the petitioner is also entitled for the same relief.

5. In view of above, the present petition is dismissed in same terms and conditions.

Order Date :- 21.8.2023

Swati