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2012 DIGILAW 2522 (ALL)

Anand Singh v. General Managerial Sansthan, Banda and Others

2012-10-30

SIBGHAT ULLAH KHAN

body2012
Sibghat Ullah Khan, J.— Heard learned counsel for the petitioner and Sri Mohd Azad Khan, learned standing counsel respondents 1 to 4 Jal Sansthan, Banda and its authorities. 2. Respondent no.5 Trilochan Prasad who is tenant has filed O.S. no.240 of 2012. Initially only Jal Sansthan authorities respondent nos. 1 to 4 were defendants in the suit. Afterwards petitioner who is landlord filed impleadment application which was allowed and he was impleaded as defendant no.5 in the suit. 3. Through this writ petition prayer for issuing writ of certiorari quashing the proceedings of the suit has been made. (It is infact prayer for writ of prohibition). Writ petition is disposed of with liberty to the petitioner to file application under Order 7 Ruled 11 C.P.C. before trial Court/Civil Judge (J.D.) Banda. If such an application is filed it shall be decided by the trial court expeditiously and before proceeding further with the suit. 4. It is further, directed that S.C.C. Suit no.2 of 2003 which has been instituted by the landlord against the tenant respondent no.5 for his eviction shall be decided very expeditiously. 5. Learned counsel for the petitioner further states that tenant respondent no.5 has also filed another suit O.S. no.318 of 2011 for restoration of electricity which is also pending before some court where suit in question is pending. Trial court is directed to consolidate both the suits. 6. With these observations writ petition is disposed of. Petition disposed of. _____________