SONITEK COMPUTERS PRIVATE LIMITED Vs. ATMA RAM GUPTA

JUDGEMENT

(1.) This common order shall dispose of the above-said two FAOs, one filed by M/s Sonitek Computers Pvt. Ltd. (for short "M/s Soni") and the other filed by Janak Soni being aggrieved of the order dated 25.11.2009 passed by the learned JSCC-cum-ASCJ-cum-Guardian Judge (West), Delhi (hereinafter referred to as the "Judge") whereby the learned Judge has disposed of the application filed by the Plaintiff/Respondent No. 1 under Order XXXIX Rule 10 Code of Civil Procedure despite pendency of an application filed under Order I Rule 10 Code of Civil Procedure by M/s Soni, who claim themselves to be a tenant in the suit property, whereas the Appellant Janak Soni was claiming that he was not a tenant in the suit property.

(2.) It would be appropriate to take note of some orders passed by the learned Judge in this case:

(3.) On 25.11.2009 the learned Judge disposed of the application under Order XXXIX Rule 10 Code of Civil Procedure and kept the order on an application under Order I Rule 10 Code of Civil Procedure pending. The order passed on that day, which is the impugned order, reads as under: