UMESH KUMAR DEWANGAN Vs. RAMNIWAS SHARMA

JUDGEMENT

(1.) Heard the matter on admission.

(2.) Brief facts for disposal of the instant WP(227) are that Civil Suit No.36A/2010 is pending before the Court below. In the said civil suit the plaintiff/respondent earlier filed an application under Section 13(6) of the Accommodation Control Act. On 08-02-2016, the plaintiff/respondent not pressed the said application, hence, the said application was dismissed by the trial Court. Thereafter, the trial Court heard another application dated 22-12- 2014 filed under Section 13(6) of the C.G. Accommodation Control Act, 1961 (in short 'the Act, 1961') for a prayer to struck out the defence against eviction to the petitioner/defendant. The Court below held that as the petitioner/defendant in para 2 of their written statement admitted the rent Rs.3500/- and hence directed the petitioner/defendant to deposit entire arrears of rent till next date failing which opportunity to defence may be struck out. Against the said order, the defendant/petitioner filed the instant WP(227) and prayed that as the earlier application under the same provision was dismissed as not pressed, with this the plaintiff/respondent has given up the said right, hence, the impugned order dated 11-02-2016 be quashed.

(3.) Learned counsel for the petitioner supported the grounds taken in the instant WP(227) and submitted that as the Court not observed regarding any liberty to the plaintiff/respondent, the subsequent interim application is not maintainable.