ALOK BHASEEN AND ANOTHER Vs. OMKAR DUTT

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) This petition under Article 227 of the Constitution of India has been filed praying to set aside the orders dated 20.01.2017 and 24.01.2017 passed by the Prescribed Authority/Additional Chief Judicial Magistrate, Court No. 2, Varanasi in P.A. Execution Case No. 05 of 2016 (Omkar Dutt v. Alok Bhaseen and Another ).

(3.) Submission of learned counsel for the petitioners is that the impugned orders have been passed in violation of principles of natural justice and without following due procedure of law. He submits that against the judgment dated 12.02.2016 in Rent Appeal No. 194 of 2004 (Alok Bhaseen and Another v. Omkar Dutt ) the petitioner has filed a Review Application No. 5 of 2016 on 21.03.2016 and yet during pendency of the review application, the impugned orders have been passed and the possession has been handed over to the respondent/landlord and the petitioner-defendant/tenant has been evicted.