Court No. - 69
Case :- MATTERS UNDER ARTICLE 227 No. - 5911 of 2021 Petitioner :- Mohammad Yakoob Respondent :- Ashok Kumar Gupta Counsel for Petitioner :- Arvind Kumar Srivastava,Atul Kumar Srivastava Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner.
By means of this writ petition, the petitioner has prayed for a direction in the nature of certiorari to set aside the order dated 07.02.2019 passed by Small Cause Judge, Bijnor as well as order dated 25.08.2021 passed by Upper Zila Judge/Special Judge (E.C. Act), Bijnor.
Facts in brief are that the petitioner is the tenant of shop of respondent, who had filed a suit for eviction and arrears of rent against the petitioner. During proceeding, the respondent- plaintiff had filed an application for accepting some other additional documents against which petitioner has filed his objection. Vide order dated 07.02.2019, the court below allowed the application of the respondent. Being aggrieved, the petitioner-defendant had filed a Revision No.06 of 2019 before learned District & Civil Judge, Bijnor on 21.02.2019 in which respondent had appeared and filed his objection. Vide order dated 25.08.2021, the said revision was dismissed, hence, this writ petition.
Learned counsel for the petitioner has submitted that the impugned order dated 07.02.2019 has been passed by the court below when the evidence was concluded, hence, the same is not sustainable in eye of law. He has further submitted that the order passed by Special Judge (E.C.Act) is also not just and proper and the same is liable to be set aside.
I have gone through the impugned orders. I am of the opinion that there is no illegality, perversity or impropriety in the impugned orders passed by court below.
The writ petition lacks merit. It is, accordingly, dismissed. However, considering the facts and circumstances of the case, the trial court is directed to decide the SCC Suit No.9 of 2015, expeditiously, in accordance with law, within a period of six months from the date of presentation of a certified copy of this order, if there is no other legal impediment.
Order Date :- 29.10.2021/Ajeet