PARTAP SINGH Vs. SUBASH CHANDER

JUDGEMENT

(1.) This review petition is against the order dated 20.02.1995 whereby the revision petition was dismissed challenging the order of the trial Court dated 19.1.1995.

(2.) The petitioner procured an ex parte ejectment order against the respondent. Seeking setting aside the ex parte order, tenant filed an application under Order 39 Rules 1 and 2 of the Civil Procedure Code (for short 'the Code') as well as praying for interim injunction that he be not dispossessed during the pendency of the application. A specific averment was made to the effect that till today he has not been ejected. However, it was brought to the notice of the Court that warrant of possession has already been issued by the Court and in this view of the matter a prayer was made that the same may be ordered to be withdrawn. The trial Court examined this aspect of the matter and keeping in view the fact that bailiff vide his report has reported that possession, in fact, has been delivered to the landlord, the Court, in the circumstances of the case, thought it appropriate that status quo be maintained between the parties with regard to possession over the shop in dispute till such time that matter is finally decided by the Court on the basis of evidence which is yet to be led.

(3.) The matter was considered by this Court earlier but the objections raised were found to be devoid of any merit and subsequently the revision petition was dismissed.