OM DAYAL & ANOTHER Vs. MUNICIPAL COUNCIL, DHOLPUR

JUDGEMENT

(1.) In pursuance of the public notice issued by this Court inviting the litigants to appear before the Court in order to plead their case in the absence of their counsel, as the learned members of the Bar are on strike, Mr. Om Dayal and his wife Smt. Urmila, are present before this Court.

(2.) The petitioners have challenged the order dated 16.5.2013 passed by Civil Judge (Jr. Div.), Dholpur, and have also challenged three different notices dated 5.6.2012, 5.7.2013 and 14.8.2014 passed by the Municipality, Dholpur, asking them to vacate the shop which was rented out to them by the Municipality.

(3.) The petitioner has pleaded that by judgment and decree dated 9.5.2012 the First Appellate Court had passed a decree in petitioners' favour, whereby the Appellate Court had held that the Municipality could not dispossess the petitioners from their shop without following the due process of law. According to the petitioners, after the said judgment and decree, the Municipality issued a notice dated 5.6.2012 asking the petitioners to vacate the shop. Immediately the petitioners filed the execution application. However, by order dated 16.5.2013 the Executing Court dismissed the application. The petitioners have further pleaded that since they have small children growing up, they should not be asked to vacate the shop as vacating of the shop would create financial difficulties for bringing up their children. But in all fairness the petitioner has conceded that the notices issued by the Municipality do amount to following the process established by law. They have also pleaded that sometime should be given to them for vacating the shop. According to them a reasonable time of four years may be granted so that they can bring up their children.