GANGA DEVI Vs. NANA LAL

JUDGEMENT

(1.) THESE two cross writ petitions are being disposed of by this common order. Ganga Devi W/O Ganesh Lal and other legal representatives of Ganesh Lal have filed SBCWP No.6490/2009 against Nana Lal and others being aggrieved by the impugned order dtd.25.5.2009 rejecting their application under Section 10 of the CPC by the learned Civil Judge (S.D.), Udaipur in Civil Suit No.62/2004 - Nana Lal V/s Ganesh Lal for eviction of the suit premises, one of the two shops in question.

(2.) THE other writ petition No.8368/2008 - Nana Lal and ors. V/s Presiding Officer of Rent Tribunal and ors. has been filed being aggrieved by the order dtd.11.7.2008 passed by the learned trial S.B.CIVIL WRIT PETITION NO.6490/2009 -SMT. GANGA DEVI AND OS. V/SNANA LAL AND ORS. AND ONE CONNECTED WRIT PETITION. Court of Dist. Judge, Udaipur allowing the application under section 10 C.P.C. in view of previously instituted suit No.241/1988 for specific performance by Ganesh Lal.

(3.) CONSEQUENTLY, the writ petition No.8638/2009 is allowed and the writ petition no.6490/2009 is dismissed and the impugned order dtd.25.5.2009 passed by the trial Court is upheld,whereas the impugned order dtd.11.7.2008 of the trial Court is quashed and set aside. No order as to costs.