Heard Mr. Narendra Mohan, learned counsel for the petitioners.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioners have preferred present petition under Article 227 of the Constitution of India with the prayer to quash the order dated 10.12.2020 passed by the Commissioner as well as order of the same date rejecting the application filed by the petitioners under Order 1 Rule 10 of the Civil Procedure Code.
It is argued by learned counsel for the petitioners that during the pendency of appeal no.537 of 2020 filed by the respondent no.1 under Section 265(2) of the U.P. Tenancy Act, 1939, an application was filed by the petitioners on 10.12.2020 under Order 1 Rule 10 of the CPC. The aforesaid application was rejected by the Commissioner, Jhansi Division, Jhansi, on the same day on the ground that appeal has already been decided and as such there is no cogent reasons to allow the application.
Heard counsel for the petitioners and perused the record.
From perusal of the record it appears that since petitioners do not want to press the appeal hence appeal was rejected vide order dated 10.12.2020 and on the same day when the application was filed the same was also rejected on the ground that the appeal itself has already been decided.
In this view of the matter, Court is of the opinion that there is no illegality in the order passed by the Commissioner on 10.12.2020 on the application filed by the petitioners.
In case petitioners are still aggrieved against the aforesaid order he has remedy to move appropriate application in accordance with law to recall the order dated 10.12.2020 passed in appeal no.537 of 2020.
In so far as the present petition is concerned, no relief could be granted.
Accordingly, present petition is dismissed.
Order Date :- 5.2.2021 Pramod Tripathi