LAWS(ALL)-2003-12-50

KIRAN TRADERS Vs. JUDGE SMALL CAUSE COURT

Decided On December 08, 2003
KIRAN TRADERS Appellant
V/S
JUDGE SMALL CAUSE COURT Respondents

JUDGEMENT

(1.) The present Writ Petition has been filed under Article 226 of the Constitution of India, interalia, praying for quashing the order dated 7.10.2003 (Annexure-6 to the Writ Petition) passed by the learned Judge, Small Cause Court/Prescribed Authority, Meerut on an application (Paper No. 44 Ga) filed in P.A. Case No. 31 of 2000.

(2.) The dispute relates to a shop, the details whereof are given in the Release Application referred to hereinafter. The said shop was hereinafter been referred to as "the disputed shop".

(3.) From a perusal of the averments made in the Writ Petition and the Annexures thereto, it appears that the respondent Nos. 2, 3 and 4 herein filed a Release Application under Section 21 (1) (a) of the U.P. Act No. XIII of 1972 (in short "the Act") against the petitioner herein and others for the release of the disputed shop. The said Release Application was registered as P.A. Case No. 31 of 2000. Copy of the said Release Application has been filed as Annexure-1 to the Writ Petition.