PADMA AGARWAL Vs. DEEPAK KUMAR YADAV

JUDGEMENT

(1.) Heard Sri Tarun Tiwari, learned counsel for the petitioners and Sri Deo Dayal alongwith Sri Amul Ratan Srivastava, learned counsel for the respondent Nos. 2 and 3. By means of this writ petition, the petitioners have prayed for issuing a writ of certiorari quashing the orders dated 2.3.2013 and order dated 11.11.2013 passed by Additional District Judge/Special Judge S.C./S.T. Act, Varanasi in Misc. Case No. 04 of 2013 (Smt. Padma Agarwal and others v. Deepak Kumar Yadav and others).

(2.) Vide order dated 2.3.2013, the learned Judge has stayed the eviction of the petitioner subject to deposit of entire decreetal amount and payment of Rs. 900/- per month damages for use and occupation of the accommodation in dispute during the pendency of the revision. Whereas vide order dated 11.11.2013, the learned Additional District Judge has rejected the petitioners' application to accept the security in lieu of payment of decreetal amount.

(3.) It appears the respondents have filed Suit No. 74 of 2010 (Smt Praimbada Jiaitly v. Smt. Padma Agarwal and others) for eviction and payment of arrears of rent. The said suit was decreed ex parte on 19.11.2012. For setting aside the aforesaid decree, the petitioners herein have filed an application under Order 9, Rule 13 read with Section 151 of Code of Civil Procedure. Alongwith the application, the petitioners have also filed an application for staying the eviction. The learned Court below has considered the petitioners' application and passed an order, staying the eviction of the petitioners on 2.3.2013 subject to payment of entire decreetal amount and also payment of Rs. 900/- per month damages.