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2009 DIGILAW 2770 (ALL)

Nooruddin v. Sri Baba Kaleshwar Mayadev Mandir Samiti, Meerut

2009-08-04

POONAM SRIVASTAV

body2009
JUDGMENT Heard learned counsel for the petitioner. 2. When the writ petition was filed as a fresh case, notice was issued. On perusal of the office report dated 18.3.2009, it transpires that undelivered cover has been receive back with remark that recipient of notice does not reside on the said address. Undelivered cover has been placed on record. 3. Learned counsel for the petitioner submits that execution of decree is continuing before the executing court and next date fixed is 7.8.2009. On the one hand contesting respondent is pursuing execution on the other hand he has not accepted notice. This has been done only with a view that execution may be completed and writ petition may be rendered infructuous. 4. Learned counsel for the petitioner has tried to impress this Court for an interim order since suit was decreed on the ground of arrears of rent. 5. The counsel for petitioner undertakes to deposit the entire decreetal amount within ten days from today. 6. In view of the aforesaid submission, learned counsel for petitioner is allowed to serve the contesting respondent personally along with normal mode of service by speed post and not by R.P.A.D. The contesting respondent can also be served on the date fixed in execution. 7. Steps be taken within three days. 8. Office is directed to handover necessary copies within three days from today to the counsel for petitioner and mention the date fixed in notice. 9. An affidavit of service shall be filed by the counsel for petitioner on the next date fixed. 10. List on 17.8.2009. 11. Till 17.8.2009, eviction of the petitioner from premises in dispute, shall remain stayed.