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Narendra Pandey vs Arvind Singh

High Court Of Judicature at Allahabad|03 November, 2017
Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 6946 of 2017 Petitioner :- Narendra Pandey Respondent :- Arvind Singh Counsel for Petitioner :- Prem Shankar Kushwaha
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present writ petition has been filed seeking quashing of the order dated 15.9.2017 passed by the Small Causes Court district Jhansi in P.A. Execution No. 87 of 2013, Arvind Vs. Narendra Pandey and also for directing the respondent that he may not interfere in peaceful possession of the petitioner.
The release application filed by the respondent - landlord was allowed. The rent appeal filed by the petitioner was dismissed and thereafter Matter under Article 227 No. 5102 of 2017, Narendra Pandey Vs. Arvind Singh was also dismissed on merits vide judgment and order dated 4.9.2017. The order passed in the execution proceedings is now under challenge.
Learned counsel for the petitioner is seeking some time to vacate the shop.
In matters where execution proceedings are pending the Hon'ble Apex Court in the case of Hameed Kunju Vs. Nazim (2017) 8 SCC 611 has observed that such matters under Article 227 of the Constitution of India normally should not be entertained.
In such view of the matter, without interfering in the order impugned herein as I do not find any jurisdictional error in the order, present writ petition stands disposed of with liberty to the petitioner to file an application alongwith affidavit seeking time to vacate the shop within a time bound period. If such application alongwith affidavit is filed, the same shall be considered by the court below sympathetically.
No costs.
Order Date :- 3.11.2017 p.s.
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  • Vivek Kumar Birla
  • Prem Shankar Kushwaha