VINOD KUMAR Vs. LAXMI KANT; RAMA KANT

JUDGEMENT

(1.) Heard Mr. Siddhartha Sah, learned counsel for the petitioner.

(2.) Learned counsel for the petitioner has submitted that the earlier writ was filed to assail the order dated 24-10-1998 and 14-9-2005 passed by the SCC/ Civil Judge, (Senior Division), Dehradun and SCC/ Additional District Judge/ FTC 5th Dehradun by filing the writ petition No. 1429 of 2005 (M/S), Vinod Kumar Vs. Additional District Judge, Dehradun. An interim order was passed on 06-12-2005 by this Court that the petitioner shall not be evicted from the accommodation in dispute till the next date of listing, provided he deposits the entire rent plus water and electricity charges alongwith the house tax of the disputed premises right from 01-03-1993 till date, within a period of four weeks from today. While depositing the said rent and other charges, the sum of Rs. 3,000/- already deposited by the petitioner shall be adjusted. In case of any failure in depositing the said amount within the period prescribed by this Court, the stay order stand vacated automatically.

(3.) By means of the present writ petition, the order dated 13-11-2009 passed by the 3rd Additional Civil Judge (Senior Division) Dehradun. In execution proceeding, warrant of eviction was directed to be issued against the petitioner. On account of default, the final decreetal amount has not been deposited within time.