Learned counsel for the petitioner presses the present writ petition on strength of a judgment of this Court in Narendra Babu and another v. Vidya Sagar Awashti and others, AIR 1978 Allahabad 415 and submits that deposit of Rs.5,000/- by the defendant-respondents herein before the Civil Judge (Jr. Div.), Mathura was not a valid deposit and the Civil Judge (Jr. Div.), Mathura having it found that the suit is triable by Civil Judge (Sr. Div.), Mathura could not have make any further observation in the order.
After hearing the learned counsel for the petitioner at some length, I do not find that any injury has been caused to the petitioner. So far as the respondents are concerned, the respondents have complied with the order passed by this Court by making deposit of Rs.5,000/- within time. At the most, it is the case of mistake on the part of the respondent and no advantage or benefit can be derived by the petitioner.
Sri Vishal Khandelwal, learned counsel for the respondents no. 4 to 6 submits that he has no objection if the Rs.5,000/- is paid to the petitioner by the Civil Judge (Jr. Div.), Mathura.
Looking to the facts that substantial justice has been done to the parties, I am not inclined to interfere in the present writ petition.
The writ petition is dismissed, summarily.
(Prakash Krishna,) Order Date :- 1.5.2012 MK/