OM PRAKASH KHADARIA Vs. NAVRATAN MAL

JUDGEMENT

(1.) In this writ petition filed under Art. 227 of the Constitution of India, petitioner plaintiff is challenging the validity of impugned order dt. 21.072012 (Annex. 6) passed by Civil Judge (J.D.) Nohar in Civil Original Suit No. 75/2011 and prayed that, while quashing the above order, the application filed by the respondent no. 1 under Sec. 10 of CPC may kindly be dismissed and trial Court may be directed to proceed with the suit expeditiously. As per facts of the case, a suit for eviction was filed in the year 1996 by the petitioner-plaintiff on the ground of material alteration in the Court of Civil Judge (J.D.), Nohar under the provisions of Rajasthan Premises (Control of Rent and Eviction) Act, 1950 [hereinafter referred to as the Act of 1950] and the suit was dismissed by Civil Judge (J.D.) Nohar. Against that judgment and decree, an appeal was preferred by the petitioner. The Additional District Judge Nohar allowed the appeal filed by the petitioner-plaintiff and decree for eviction was passed in favour of the petitioner on the ground of material alteration.

(2.) The respondent-defendant preferred second appeal before this Court against the judgment dt. 23.02.1999 passed by the Additional District Judge, Nohar in appeal filed by the petitioner. The said second appeal was registered being S.B. Civil Second Appeal No. 104/99 which is said to be pending before this Court

(3.) In the second appeal filed by the respondent-defendant, stay is operating upon execution of the decree passed by the appellate Court.