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2011 DIGILAW 137 (UTT)

Neelambar Badoni v. Irtiza Hussain and others

2011-03-01

B.S.VERMA

body2011
B.S. Verma, J.;- Heard Mr. T.S. Bindra, Advocate for the petitioner and Mr. V.K. Kohli, Senior Advocate, assisted by Mr. T.C. Pandey, appearing on behalf of the respondents. By means of this petition the petitioner has sought a writ in the nature of certiorari quashing the order dated 24-2-2011 passed by the Incharge District Judge, Dehradin in SCC Misc. Case No. 5 of 2001, Nilambar Badoni Vs. Irtiza Hussain, whereby the interim protection was not granted and notices were issued to the Decree Holder to file objection and date was fixed on 18-03-2011. The petitioner has further sought a writ in the nature of mandamus commanding the District Judge, Dehradun to decide the S.C.C. Misc. Case No. 5 of 2011, Nilambar Badoni Vs. Irtiza Hussain before re-issuing the warrant of possession and before proceeding to evict the petitioner. According to the petitioner he claims himself to be a tenant in the Annexe of Powys Cottage and the application has been filed U/O 21, Rule 97 to 101 C.P.C. The executing court in order to verify the facts of the case issued notices to the decree-holder/respondents. The learned counsel appearing on behalf of the respondents-decree holder has contended that the petitioner was never admitted as tenant by any of the landlord and the order of eviction had been confirmed by the Hon'ble Apex Court. The question to be decided by the executing court is whether the petitioner was a tenant and he was put in possession as a tenant by the land-lord or not, and whether he is entitled to retain the possession or not?. Learned Senior Advocate appearing on behalf of the respondents has no objection if the objections filed by the petitioner may be disposed of by the executing court expeditiously without further time in the matter. I am not inclined to entertain the petition. However, in the interest of justice, it is directed that the executing court shall hear the matter day-to-day and dispose of the objection expeditiously as far as possible before the date fixed in the case, i.e. 18-03-2011. The parties shall appear before the executing court on 4-3-2011. The respondents-decree holder may also file objection, if any. With the aforesaid observation the writ petition is disposed of finally. Let certified copy of this order be issued to learned counsel for parties by 03-03-2011 on payment of requisite fee.