Court No. - 7
Case :- WRIT - A No. - 8771 of 2018 Petitioner :- Vivek Kumar Srivastava Respondent :- Syed Suhail Akhtar Counsel for Petitioner :- Tarun Varma
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for defendant-tenant/ petitioner.
This writ petition has been filed praying for the following relief:
"(i) To issue a suitable writ, order or direction in the nature of certiorari calling for the record and quashing the impugned order dated 22.02.2018 passed by Judge Small Causes Court/ Civil Judge (Senior Division) Gorakhpur in P.A. Execution Case No.10/2017-Syed Suhail Akhtar -v- Vivek Kumar Srivastava (Annexure-8);
(ii) To issue a suitable writ, order or direction in the nature of mandamus directing the Additional District Judge Court No.4, Gorakhpur to decide the interim stay application of the petitioner/ tenant on the date fixed i.e. 14.04.2018;"
I do not find any good reason to interfere with the order dated 22.02.2018.
However, a direction needs to be issued to the Appellate Court to decide the Rent Appeal No.13 of 2017 (Vivek Kumar Srivastava vs. Syed Suhail Akhtar) in accordance with law, expeditiously preferably within six months from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties.The court below shall also make efforts to decide the stay application of the petitioner as far as possible on the next date fixed.
Subject to the aforesaid directions, the writ petition is dismissed.
Order Date :- 28.3.2018 NLY