Sri Thakur Ji Maharaj Virajman ... vs Smt. Reeta Singh And 2 Others
2023 Latest Caselaw 16643 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:115845
 
Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6139 of 2023
 

 
Petitioner :- Sri Thakur Ji Maharaj Virajman Shri Ganga Mandir
 
Respondent :- Smt. Reeta Singh And 2 Others
 
Counsel for Petitioner :- Raghvendra Pratap
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner.

Present petition has been filed with following prayer:-

"(a). a writ, order or direction in the nature of certiorari quashing the impugned interim order dated 19.01.2023 passed by In-Charge District Judge, Bareilly in S.C.C. Revision No. 04 of 2023 (Smt. Reeta Singh and others vs. Thakur Ji Maharaj.

ii). a writ, order or direction, commanding the revisional court to decide the Application No. 18-C, filed in S.C.C. Revision No. 4 of 2023."

Learned counsel for petitioner submitted that petitioner-plaintiff has filed Suit No. 80 of 2012 which was decreed in his favour vide order dated 05.12.2022 with direction to vacate the house within a month and also pay decreetal amount. Against the said order, respondent-defendant has preferred S.C.C. Revision No. 4 of 2023 and in the said revision, interim order was passed with condition to deposit half of the amount as per judgment and decree dated 05.12.2022, but time limit has not been fixed, therefore, respondent-defendant has not deposited a single penny. For clarification/modification of the order, petitioner has moved application dated 22.02.2023 before the Revision Court, but till date, no order has been passed. Lastly, he submitted that a suitable direction may be issued to Revision Court to decide the application dated 22.02.2023 at the earliest.

I have considered submissions advanced by counsel for petitioner and perused the records.

Contention so made by counsel for petitioner appears to be correct.

Therefore, in the facts and circumstances of the case, the present petition is disposed of with direction to Revisional Court to decide the application dated 22.02.2023 in accordance with law, maximum within a period of four weeks from the date of production of certified copy of this order after providing opportunity of hearing to all concerned and without granting any unnecessary adjournment to either of the parties.

Order Date :- 24.5.2023

Sartaj