Bharat Balgovind Paswan - Misc. Appeal St. No. 1412 Of 2019VsUNION OF INDIA

Date: 05-02-2019
Business: CORAM H.H.J. SA.A. QUAZI 2ND Addl. Principal Judge (C.R. No. 04)
Delay 43/19  Matter pertain to C.R. No. 19
Adv. Nilesh Parab a/w Samita Bharte for applicant present.
Exh. 2 Adv. Mohd. Yunus for respondent present and has filed V/P on behalf of respondent . t.o.r.
The Ld. Adv. of the appellant has submitted that the respondent is taking steps to execute the impugned order and the appellant may loose  possession of the suit premises if some interim protection is not granted. He submits that the appellant has prima faice case. The Ld. Adv. for the respondents has submitted that as the order is passed Under Section 5-A of the Public Premises Eviction Act, the appeal is not tenable before this authority. In support, he has referred to decision Honorable Allahabad High Court in Writ/C No. 40360/15. The Ld. Ad. for the appellant submits that the appeal is tenable and he wants to relay on certain decisions, for which he seeks adjournment. In view of this Matter is adjd. to 11.02.2019 for further submission on ad-interim relief with direction that till then the respondent shall not execute the impugned order. Sheristedar is directed to give authenticated copy of this order to the parties.
Next Purpose: FOR___________________
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: CORAM  H.H.J. S.A. QUAZI, 2nd Addl. Principal Judge  (C.R. No. 04)
Delay 43/19
Matter Pertains to C.R. No. 19
(As Hon\''ble Principal Judge is notified to be elevated,
the matter placed before C.R. No. 4)
Adv. Ms. Savita Bharte for applicant present.Adv. Mohd. Yunus for respondent present.The Ld. adv. for the applicant/appellant submits that the appellant wants to withdraw the application forcondonation of delay, as according to her the appellant has already filed writ petition challenging the impugned order in the Hon\''ble High Court. Hence, the application for condition of delay is disposed of as withdrawn. The ad-interim is granted earlier is vacated.
Nature Of Disposal: WITHDRAWL
Disposal Date: 11-02-2019

Filing Number: 101413/2019
Filing Date: 01-02-2019
First Hearing Date: 05th February 2019
Decision Date: 11th February 2019
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT