RAKESH SHARMA Vs. SANATAN DHARAM SABHA

JUDGEMENT

(1.) PETITIONERS had filed objections under Order 22 Rule97, 98 and 101 read with Section 151 CPC in a rent petition No. 11/2 of 1994, decided by the learned Rent Controller (II), Shimla. The objections were filed by the present petitioners that they are one of the occupants in possession of the premises. The objections were rejected by the learned Rent Controller and an appeal was preferred before the learned Appellate Authority, who did not grant stay in favour of the petitioners. In another same case one of the Objector, namely, Shri Birbal Parmar had also filed an appeal under Order 21 Rule 103 CPC when the objections filed by him were rejected and in the appeal, the learned Appellate Authority under the Rent Act had granted stay by allowing the application filed under Order 41 Rule 5 read with Section 151 CPC. Once similar relief has been granted to another objector in a similar petition and the petition cannot be disposed of until and unless the appeal filed against the order on objections is decided, it is desirable that the present application is allowed on the same terms and conditions as passed by the learned Appellate Authority in the order dated 7.8.2012, passed in CMP No. 151 -S/6 of 2012, titled Birbal versus Sanatan Dharam Sabha, which is reproduced below:

(2.) THE surety bond, as directed in the above case, shall also be filed by the Objector in the present case to the satisfaction of the learned trial Court within a period of fortnight from today and subject to the filing of the same, the stay order shall operate till the appeal is decided by the learned Appellate Authority. It is submitted by the learned counsel for the parties that the learned Appellate Authority may be directed to dispose of the appeal under Order 21 Rule 103 CPC at an early date. The parties are litigating since 1994. Therefore, the Objections filed by the present petitioner shall be decided by the learned Appellate Authority within a period of four months from today. The learned Appellate Authority shall be free to take objection petition filed by the other objector while deciding the present appeal. The petition stands disposed of accordingly. The Registry is directed to send a copy of this order alongwith the records of the case, if any, to the court concerned forthwith.