SMT. SHABEENA KHALEEL Vs. CHANDRA NARAIN CHAUDHARY

JUDGEMENT

(1.) HEARD Sri Vinod Sinha, learned Counsel for the petitioner and Sri A.K. Gupta, learned Counsel for the respondent. A shop No. F -2, situate on the first floor of House No. 17/33/1 -B, M.G. Marg, Civil Lines, Allahabad is the property in question. The said shop was let out to the petitioner on monthly rent of Rs. 550/ - including house tax, water tax and sewerage charges, which comes to Rs. 649/ -.

(2.) IT appears that a Suit No. 23 of 1999 was instituted by the respondent -landlord for recovery of arrears of rent, damages and ejectment. The said suit was decreed ex parte on 18.10.2003. Application to set aide the ex parte decree under Order IX, Rule 13, C.P.C. as well as application under section 17(1), Proviso of Provincial Small Causes Courts Act, were filed.

(3.) IN the meant -time, the landlord applied for execution of the ex parte decree. However, the Executing Court refused to proceed with the execution of the decree, as the application under Order IX, Rule 13, C.P.C., for setting aside the ex parte decree, is pending. Ultimately, the landlord approached this Court by means of a Writ Petition No. 12952 of 2007. In this writ petition, an interim mandamus was issued directing the Executing Court to take steps for execution of the decree forthwith and not to adjourn the execution proceedings unnecessarily, unless there is any stay order by any Court. The said order is dated 12.3.2007.