Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4491 of 2019 Petitioner :- Shalu Kumar Kasera And 4 Othrs Respondent :- Degree College Association And Another Counsel for Petitioner :- Azad Khan Counsel for Respondent :- Ravi Prakash Srivastava
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Ravi Prakash Srivastava, learned counsel for the respondent no. 1-Degree College Associaiton and have perused the record.
At the very outset, both the parties agree that the controversy involved in the present writ petition is fully covered by a decision of this Court dated 28.5.2019 passed in Matter under Article 227 No. 4438 of 2019 (Phool Chand Gupta and another vs. Degree College Association Musaffarganj and another) The said judgement dated 28.5.2019 is quoted hereinunder:-
"Heard Sri Azad Khan, learned counsel for the applicants. Sri Ravi Prakash Srivastava, learned counsel appears for the decree holder.
This application has been filed for setting aside the order dated 29.3.2019, passed by the Ist Additional District Judge, Mirzapur in Execution Case No. 5 of 1981 arising out of O.S. No. 294 of 1968 (Degree College Association Vs. Shiv Narain Pandey and others).
The contention of the learned counsel for the applicants is that the applicants have filed objection under Order 21 Rule 97 CPC before the court below on 18.8.2018 which was registered as Misc. Case No. 39 of 2018 and 37 of 2018 respectively. Pursuant to an application for transfer of the case, the Execution Case No. 5 of 1981 was transferred from the court of Special Judge (SC/ST), Mirzapur to the court of Ist Additional District Judge, Mirzapur but, other miscellaneous case including the aforesaid miscellaneous application Nos. 37 and 39 of 2018 were not transferred and the order dated 29.3.2019 was passed, whereby, the vacant possession of the property in dispute was directed to be given to the decree holder by issuance of memorandum of possession. It is the contention of learned counsel for the applicants that their valuable rights are affected.
However, it has been pointed out by Sri Ravi Prakash Srivastava, learned counsel appearing for the respondent-decree holder that the applications have been individually filed by the applicants before the court below for staying of the order impugned dated 29.3.2019. This fact is not rebutted by the learned counsel for the applicants. Photo copies of these two applications bearing date of 2.5.2019 have been passed on to the Court by Sri Ravi Prakash Srivastava which are taken on record.
Since, the learned counsel for the applicants acknowledges that the aforesaid applications are pending, it would be appropriate to direct the court below to take expeditious decision on the aforesaid two applications dated 2.5.2019.
This application is, accordingly, disposed of with the aforesaid observations."
Consequently, the present petition is also disposed of in terms of the aforesaid judgement dated 28.5.2019 as quoted above.
Order Date :- 30.5.2019 Abhishek