BRIJ BHUSHAN MISHRA Vs. SURITA SARBABDHIKARI

JUDGEMENT

(1.) V. K. Shukla, J. This is tenant's writ petition questioning the validity of the decision dated 7. 9. 2004 passed by the Judge Small Causes, Allahabad in SCC Suit No. 139 of 1999 decreeing the suit for eviction and order of its affirmance in J. S. C. C. Revision No 685 of 2004 passed by the Additional District Judge, Court No. VIII, Allahabad.

(2.) IN Civil Misc. Writ Petition No. 49844 of 2008 tenant has questioned the validity of the order dated 17. 9. 2008 wherein application for staying the execution of the decree has been rejected as being not maintainable.

(3.) DURING pendency of aforementioned writ petition, petitioner Brij Bhushan Mishra died and substitution application had been made to substitute his legal heirs and representative. Said matter was dismissed in default and net effect of the same was that interim order accorded in favour of petitioner was not there. Thereafter decree in question was sought to be executed by Ashwani Kumar Verma and Anil Kumar Verma. In the execution proceeding, legal heirs of Brij Bhushan Mishra had not been substituted and execution was being pressed, and application raising objection to this effect was moved in this regard and same was rejected, then Civil Misc. Writ Petition No. 49844 of 2008 had been filed, and second writ petition has been directed to be clubbed with the first writ petition and thereafter both the writ petition are being taken up together and are being decided together with the consent of the parties.