BAIJAYANTI JOSHI Vs. DEEPAK CHANDRA GURURANI

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to quash the order dated 10.08.2017, passed by District Judge, Nainital, in rent control appeal no. 07 of 2016, Smt. Baijayanti Joshi vs Deepak Chandra Gururani. A further prayer has been made to allow the application of the tenant / petitioner filed under Order 41 Rule 27 CPC, as also the application filed under Order 6 Rule 17 CPC.

(2.) Purportedly in deference to paras no. 13 and 14 of the judgment dated 31.05.2017, passed by this Court in Writ Petition no. 1246 (M/S) of 2017, Smt. Baijayanti Joshi vs Deepak Chandra Gururani, petitioner filed application under Order 41 Rule 27 CPC, as also application under Order 6 Rule 17 CPC before the lower appellate authority. The said paras are reproduced here-in-under:

(3.) Application under Order 41 Rule 27 CPC was filed on behalf of the applicant/petitioner (Annexure 14 to the writ petition), which was dismissed by the Appellate Authority, vide order dated 10.08.2017. Application under Order 6 Rule 17 CPC was also filed, which met the same fate. Said order is under challenge in present writ petition.