Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 3907 of 2018 Petitioner :- Saraswati Devi Shiksha Prasar Samiti Respondent :- Jaychand Counsel for Petitioner :- Sachin Kanaujiya
Hon'ble Jayant Banerji,J.
It has been contended by the learned counsel for the petitioner that the petitioner is Sarwati Devi Shiksha Prasar Samiti but in the cause list it has been wrongly shown as Saraswati Devi Shiksha Prasar Samiti.
We accordingly, direct that the name of the petitioner in the cause list be corrected as Sarwati Devi Shiksha Prasar Samiti.
The petitioner claims to be a society registered under the Societies Registration Act in whose favour a lease was executed by the defendant-respondent on 8 April 2012 for running of a school. It is contended that despite the term of the lease deed not having expired the defendant-respondent has terminated the lease without notice and is threatening the petitioner society to dispossess it from the premises. It is further contended that in the school running in the premises of the lease, 300 students are being educated. The concern of the petitioner is that the interest of the students will be adversely affected if no protection is granted to it by the Court.
Be that as it may, the petitioner filed a suit in the month of May 2018 bearing O.S. No. 286 of 2018 and on the same date an application under Order XXXIX Rule 1 CPC was filed.
From the order sheet enclosed by the petitioner, it appears that on 11 May 2018 notices were directed to be issued to the defendant and for hearing of the application 6-C the Court has fixed 29 May 2018. Further the Amin Commissioner has been appointed for furnishing of a report by means of the order dated 11 May 2018.
In this view of the matter since the Court below is seized of the issue, we are not inclined to interfere in the matter in exercise of our jurisdiction under Article 227 of the Constitution of India. However, in the given circumstances of the case the Court below may consider the plea of the petitioner for expeditious disposal of the application 6-C in accordance with law after hearing the defendant.
Order Date :- 28.5.2018 MAA/-
(Jayant Banerji,J.)