BHANU PRAKASH CHATURVEDI Vs. SMT. JAIRANI AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the record.

(2.) This writ petition has been filed with the prayer to quash the impugned order dated 04.05.2015, passed by the opposite party no.8 in P.A. Execution Case No.02 of 2013; Smt. Ganga Devi (deceased) & others Vs. Prakash Gun House and others.

(3.) Learned counsel for the petitioner has submitted that Writ Petition No.121 (R/C) of 2013; (Bhanu Prakash Chaturvedi Vs. Smt. Jairani and others) is pending before this Court against the judgment and order dated 07.04.2004 and 26.04.2013 and the application for interim relief is also pending in the said petition. It has also been submitted that the learned court below has committed an error of law by not serving the order in Form-C upon the petitioner directing him to vacate the same and in view of the provisions of Rule 14, the Form-D cannot be issued. It has also been submitted that it was the mistake of lawyer of the petitioner that he has not moved an application for adjournment. Therefore, the impugned order dated 04.05.2015 is liable to be set aside.