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Kailash Bihari Bajpai v. Mahashakti Vidyalaya Kali Bari, Shahjahanpur - WRIT - A No. 56278 of 2006 [2006] RD-AH 17529 (11 October 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Rakesh Tiwari, J

Heard counsel for the petitioner and perused the record.

The case of the petitioner is that he purchased Kothari no. 280/7, Khiranibagh, Shahjahanpur from one Nathur Lal on 20.12 1975 and since then he has been living in the said accommodation. S.C.C suit no. 2 of 2001 was filed by the respondent-landlord for ejectment and arrears of rent.

The petitioner contested the suit by filing written sttement denying the allegations contained in the plaint.

The suit was allowed by judgment and decree dated 12.8.2004 passed by Civil Judge (J.D.) Shahjahanpur.

Aggrieved, the petitioer filed S.C.C. Revision no. 28 of 2004 before the District Judge, Shahjahanpur.

During the pendency of the revision, the petitioner moved an application dated 15.9.2005 for issuing a Committion through Amin, which has been rejected by the District Judge, Shahjahanpur vide order dated 5.9.2006.

Aggrieved, the petitioner has come up before this Court by means of the present writ petition.

A perusal of the impugned order reveals that it is an interlocutory order. The revision has not been decided finally. In these circumstances, this Court is not inclined to interfere at this stage against an interlocutory order exercising its extraordinary jurisdiction under Article 226 of the Constitution.

Accordingly, the writ petition is dismissed. However, the revisional Court is directed to decide the revision of the petitioner expeditiously preferably within a period of three months from the date of production of a certified copy of this judgment and order. No order as to costs.

Dated 11.10.2006



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