Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 7933 of 2018 Petitioner :- Om Prakash Respondent :- Smt.Anuradha Devi Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- Amitabh Agarwal
Hon'ble Mrs. Sunita Agarwal,J.
No one appears to press the present petition on behalf of the petitioner.
Sri Amitabh Agarwal, learned Advocate has put in appearance on behalf of the respondent.
It is contented that the order impugned in the present petition is an order passed under Section 47 of the Code of Civil Procedure which is revisable under Section 115 of the Code of Civil Procedure.
From the order-sheet, it is evident that the matter has been adjourned on the request of the learned counsel for the petitioner for a period of approximately one month.
It is informed by Sri Amitabh Agarwal, learned counsel for the respondent that the petitioner is seeking adjournment before the executing court on the plea of pendency of the present petition.
The said fact is sought to be established from the certified copy of the application dated 16.11.2018 filed by the petitioner/defendant.
Noticing the said fact, in view of the presence of the counsel for the respondent, the present petition is dismissed for non-prosecution.
Order Date :- 28.11.2018 Brijesh