Heard Sri Neeraj Singh, learned counsel for the petitioner.
This writ petition has been filed challenging the order dated 21.11.2015 passed by the Court of Civil Judge (Senior Division ), Gorakhpur, rejecting the application No. 28-C and 33-C which were filed raising a preliminary objection on the point of maintainability of the aforesaid P.A. Case No.59 of 2013 (Jaishri Jaiswal v. Geeta Tripathi and others ).
By the impugned order, the court below has rejected the aforesaid applications by a reasoned order dated 21.11.2015. While, rejecting the aforesaid applications by the impugned order, the court below has directed the petitioner to file his written statement, so that the matter may be decided expeditiously in compliance to the directions of the High Court.
The court below has observed that whether there is relationship of landlord and tenant between the plaintiff-respondent and the petitioner shall be decided at the time of final decision after framing issues.
I do not find any error in the impugned order. Consequently, the writ petition is wholly misconceived and, therefore, deserves to be dismissed.
In result, the writ petition fails and is hereby dismissed.
Order Date :- 19.2.2016 Ak/