STEWART AND COMPANY Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The appellant of an appeal under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 is the petitioner of the present revisional application under Article 227 of the Constitution of India.

(2.) The petitioner being aggrieved by the order of eviction passed by the estate officer under the said Act preferred an appeal being Misc. Appeal No. 63 of 2014. In the said appeal, an order of stay of operation of the eviction order was passed by the learned Chief Judge, City Civil Court on April 29, 2017 on condition that the petitioner shall pay a sum of Rs.1.5 lakhs per month on account of occupation charges with effect from December 6, 2014.

(3.) The petitioner grossly violated the said order and also unnecessarily delayed the disposal of the said appeal on various flimsy grounds. However, on August 08, 2018, the said appeal when was taken for final hearing the petitioner sought for an adjournment orally without even filing an application. The learned Trial Judge deferred the hearing of the said appeal enabling the petitioner to appraise the Court whether the petitioner had complied with the condition of stay as indicated above, but the petitioner admittd that the order of the learned Chief Judge, City Civil Court dated April 29, 2017 has not been complied with. The petitioner thereafter did not participate in the hearing of the appeal. The learned Trial Judge of the Appeal Court below under such circumstances dismissed the said appeal on merit.