MADHUKAR BALLKRISHNA UPASANI Vs. ANUSAYABAI DAGA TISGE

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India, the petitioner challenges the order dated 18.12.1997 passed by the Additional District Judge, Malegaon in Civil Revision No.17 of 1997. That revision was directed against the order dated 11.7.1997 passed in Reg. Civil Suit No. 152/91 by Civil Judge, S.D., Malegaon.

(2.) THE facts giving rise to this petition are that the respondent has filed a suit for decree of eviction against the petitioner on the ground that the petitioner, who is tenant, is not ready and willing to pay the rent. On the application filed by the petitioner, the trial court fixed the amount of interim standard rent and directed the petitioner to make deposits. This order was challenged before this court in two writ petition Nos.649 and 650 of 1997. Both these petitions were decided by a common order dated 21.2.1997. This court rejected both the petitions. However, at the request both the counsel for the petitioner, three weeks time was granted from the date of the order to the petitioner to deposit the amount which was directed to be deposited by the trial court. As the petitioner did not make the deposits within the time allowed by this court, the landlord plaintiff moved the court for striking off defence of the petitioner. The court made that order on 2.5.1997. It appears that, thereafter, the petitioner deposited the amount which was required to be deposited on or before 16.3.1997 and thereafter, he filed an application for recalling the order, striking off his defence. That application was filed on 11.7.1997 and on that application the trial court made an order dated 26.8.1997, rejecting that application and maintaining his order dated 2.5.1997, striking off the defence. In the revision filed by the petitioner, the revisional Court confirmed the order passed by the trial Court and dismissed the revision. This petitioner is therefore, directed against the two orders passed by the courts below.

(3.) IN the result, the petition is therefore, rejected.