WPMS/2007/2022
2022 Latest Caselaw 2654 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPMS No.2007 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Siddhartha Singh, Advocate for the petitioners.

Mr. Aditya Pratap Singh, Advocate for the respondents.

Heard learned counsel for the parties.

Kalu Ram was the tenant in respect of a shop owned by respondent no. 5. A suit for rent & ejectment was filed against Kalu Ram, which was decreed by Small Cause Court. Kalu Ram filed Revision, which too has been dismissed. Since Kalu Ram died after judgment rendered by the Revisional Court, therefore, his legal representatives have filed this writ petition under Article 227 of Constitution of India, challenging the judgment passed by learned Small Cause Court as well as Revisional Court.

Learned counsel for the petitioners submits that similar petitions filed by other tenants of respondent no. 5 are pending before this Court, in which interim orders have been passed.

List this matter alongwith WPMS No. 1770 of 2022 on 12.09.2022. Counter affidavit, if any, be filed in the meantime.

Considering the submission advanced by learned counsel for the parties, it is directed that, petitioners shall not be dispossessed from the premises in question during pendency of writ petition, subject to the condition that petitioners shall deposit entire decreetal amount before the Court below, after adjusting the amount already deposited, within three weeks from today. Petitioners shall also deposit a sum of `2,000/- per month w.e.f. 01.09.2022 as use and occupation charges of the premises in question before learned Court below, on or before 7th day of each succeeding month.

Stay Application (I.A. No. 1 of 2022) stands disposed of.

(Manoj Kumar Tiwari, J.) 25.08.2022 Arpan