D.V.PAUL Vs. MANISHA LALWANI

JUDGEMENT

(1.) On 12.09.2016 while adjourning the matter it was made clear that since the writ petition is under Article 227 of the Constitution of India, it shall be heard finally if time permits. Therefore, with consent of learned counsel for the parties, matter is finally heard.

(2.) Order dated 04.03.2016 passed in an appeal under Section 96 of the Code of Civil Procedure, 1908 : Civil Appeal No.3A/2016, on an application under Order 41 Rule 5 CPC is being assailed by the petitioner/ Appellant/Defendant. The challenge is confined to the conditions imposed by the Appellate Court while staying the operation of judgment and decree.

(3.) The suit at the instance of respondent plaintiff was for eviction of petitioner herein under Madhya Pradesh Accommodation Control Act, 1961 on the grounds under Section 12.