SAYED HAMUDUL HASAN JAFRI Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) Considering the facts of the case which have already been recorded by this Court by passing judgment and order dated 10.12.2001 (Annexure-III to the writ petition) in W.P. No. 41349 of 2001, Maqsood Akhtar Badshah v. Rent Control and Eviction Officer, Allahabad and Ors., between the same parties, same accommodation and arising from the same bundle of facts.

(2.) Xth-Additional District Judge. Allahabad, respondent No. 2 initially granted Interim order on the basis of undertaking given on 11.1.2002 by the opposite parties and subsequently extended by the Court vide order dated 17.1.2002 as per order sheet filed as Annexure-VI to the writ petition.

(3.) Memo of Revision No. 1766 of 2001, S. M. Jaffar Hussain through its attorney Masood Akhtar v. Homudul Hasan Jafri, has been filed as Annexure-IV to the writ petition. Memo of revision itself shows that S. M. Jaffar Hussain has now appeared through its alleged attorney Maqsood Akhtar who had already lost from this Court as aforesaid Writ Petition No. 41349 of 2001 filed by him has already been dismissed by this Court vide judgment and order dated 10.12.2001 (Annexure-III to the writ petition). Revision No. 1766 of 2001 prima facie appears to be litigation by proxy and hence abuse of process of Court.