Court No. - 69
Case :- MATTERS UNDER ARTICLE 227 No. - 5915 of 2021 Petitioner :- Reeta Sahni Respondent :- M/S Haryana Distillery Ltd. And 2 Others Counsel for Petitioner :- Virendra Kumar Jaiswal Counsel for Respondent :- Sanjai Singh
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner.
The only prayer made in this petition is to issue a direction upon the learned Judge Small Causes Court, Ghaziabad to decide the objection dated 11.02.2021 filed by the petitioner in Execution Case No.15 of 2019 (M/s Haryana Distillery Ltd. vs. Punjab National Bank and anther), within a stipulated period as may be fixed by this Court.
Learned counsel for the petitioner submits that plaintiff- respondent no.1 had filed a suit for arrears of rend and ejectment against the defendant-respondent no.2, which was numbered as JSCC Suit No.52 of 2014 in the aforesaid suit the petitioner was not impleaded as respondent. The said suit was decided in favour of the landlord. He further submits that since the petitioner was not arrayed as party in the suit, he moved objection before executing court, which was numbered as 16 Ga, which is still pending.
Perused the record and the order sheet of the court below.
Having regard to the facts and circumstances of the case and submission made, the instant writ petition is finally disposed off with a direction to the court below to make every endeavour to decide the objection application no.16 Ga, expeditiously, in accordance with law, within a period of one month from the date of presentation of a certified copy of this order, if there is no other legal impediment.
It is made clear that this Court has not expressed any opinion on merits of the case and it is for the concerned authorities to decide the same in accordance with law.
Order Date :- 29.10.2021 Ajeet