ABDUL QAYYUM Vs. ADDITIONAL DISTRICT JUDGE/ADDL JSCC

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The Petitioner has prayed for a writ of certiorari quashing proceedings of Misc. Case No. 20 of 2010, Riyasat Ali and Ors. v. Abdul Qayyum and others, which have arisen on application of the Respondent under Order XXI, Rule 97 read with Section 151, Code of Code of Civil Procedure pending before Additional District Judge/Addl. J.S.C.C., court No. 5, Meerut and the order dated 22.4.2010 passed in the said proceedings. A writ of mandamus has also been prayed to be issued the Respondent No. 1 to hand over peaceful and vacant possession of shop No. 179-C, Abu Lane, Meerut Cant. with payment of excretal amount with interest to the Petitioner pursuant to judgment and decree passed in SCC suit No. 47 of 2004, Abdul Qayyum v. Rukshana Begum, within a specified period and fix damages in the facts and circumstances of the case.

(3.) Needless to say that prayer No. 2 appears to be misconceived. The court before whom the aforesaid proceedings are pending, cannot be directed to pay decreetal amount with interest as no decree is operating against the court. Probably this prayer was meant for a direction to Respondent No. 2.