ORDER :

Instant Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, lays challenge to order dated 8.10.2020, passed by learned Rent Controller, Shimla, District Shimla, Himachal Pradesh, whereby objections preferred by the respondent –Judgment debtor (hereinafter referred to as the Judgment debtor) to the execution petition having been filed by the petitioners-Decree holder (hereinafter referred to as the Decree holder), came to be allowed and as a consequence thereof execution petition filed by the decree holder came to be dismissed.

2. Precisely, the facts of the case as emerge from the record are that Decree holder sought eviction of judgment debtor from the demised premises on the ground that building is 100 years old and has become unsafe and unfit for human habitation. Apart from above, Decree holder claimed that he bondafidely require the building for re-building and re-construction and same cannot be done without eviction of the tenant. Learned Rent Controller vide order dated 19.03.2013 partly allowed the petition filed by Decree holder and held that the building housing the demised premises is bona-fide required by the Decree holder for rebuilding and reconstruction and that cannot be carried out without the eviction of the judgment debtor therefrom. While holding judgment debtor liable to be evicted from the demised premises, learned Rent Controller observed that eviction would be subject to production of necessary sanction/ approval order passed by competent authority, permitting Decree holder to raise a new construction in place of the present one.

3. Being aggrieved and dissatisfied with aforesaid order of eviction passed by Rent Controller (Annexure P-1), judgment debtor preferred an appeal before Appellate Authority under Rent Controller Act, who vide order dated 8.10.2020 though upheld the order of eviction passed by Rent Controller, but set-aside the condition with regard to production of necessary sanction/approval order passed by the competent authority, permitting Decree holder to raise new structure in place of old one.

4. Being aggrieved with the aforesaid decision rendered by Appellate Authority, judgment debtor filed Civil Revision No.100 of 2014, titled Sanjeev Sood (Bhagra) versus Raj Kumar Sood & others, before this Court. Co-ordinate Bench of this Court vide judgment dated 31st October, 2017 though dismissed the revision petition and upheld the eviction of the judgment debtor/tenant from the demised premises, but subject to the condition that judgment debtor/tenant shall be evicted from the demised premises only upon production of necessary statutory sanctions/approvals granted by the competent authority is concerned (Annexure P-2).

5. Record reveals that prior to passing of judgment dated 31.10.2017 in Civil Revision No.100 of 2014 filed by the judgment debtor, Decree holder had filed an execution petition bearing No.54/10 of 2013 (Annexure P-3), seeking therein execution of eviction order passed by Rent Controller on 19.03.2013. Besides above, Decree holder also preferred SLP before the Hon’ble Apex Court against the imposition of condition of production of necessary statutory sanctions/ approvals by the competent authority by this Court in its judgment dated 31.10.2017, which is pending adjudication before the Hon’ble Apex Court. In the pending execution petition, which was filed in the year 2013, judgment debtor/respondent preferred objections, which came to be allowed vide order dated 8.10.2020 passed by Rent Controller, Shimla District Shimla, H.P., as a consequence of which, execution petition having been filed by the Decree holder was dismissed being not maintainable. In the aforesaid background, Decree holder has approached this Court in the instant proceedings, praying therein to set-aside aforesaid impugned order dated 8.10.2020 passed by Rent Controller, Shimla, District Shimla, H.P.

6. Having heard learned counsel representing the parties and perused the material