Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 172 of 2019 Petitioner :- Sunil Agrawal Respondent :- Smt. Anupama Shukla Counsel for Petitioner :- Ashok Kumar Pandey,Suraj Pandey
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
The present petition is directed against the order of the first appellate court in Misc. Civil Appeal No.89 of 2014 (Anupama Shukla Vs. Sunil Agarwal) whereby the court below has set aside the order of status quo dated 02.08.2014 passed by the court of Civil Judge (J.D.) West, Allahabad dated 02.03.2014 in Civil suit No.145 of 2014. It is categorically recorded in the order impugned that the defendant has filed an application under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 namely P.A. Case no.6 of 2014 wherein the plaintiff/petitioner has been impleaded as opposite party, with the assertion that the petitioner herein is subtenant of the suit property.
The said aspect of the matter has been disclosed in the written statement filed by the defendant, which had been ignored by the trial court while granting the order of the status quo. In view of the pendency of the proceeding before the competent court relating to lease agreement, allegedly arrived between the parties, it was not open for the civil court to grant temporary injunction. The first appellate court has thus set aside the order dated 02.08.2014.
The finding returned by the first appellate court as noted herein above could not be disputed by learned counsel for the petitioner by bringing anything otherwise before this Court.
No infirmity, therefore, can be attached to the order of the first appellate court in rejecting the temporary injunction application. It is always open for the petitioner to seek protection in the pending proceeding before the rent controller authority.
The present petition is found devoid of merits and hence dismissed.
Order Date :- 21.1.2019 Himanshu