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2010 Supreme(All) 1858

RAJIV SHARMA
Ram Nath Mishra – Appellant
Versus
District Judge, District Bahraich – Respondent


JUDGMENT

1. Heard learned Counsel for the petitioner and learned Standing Counsel.

2. By means of the instant writ petition, the petitioner has assailed the order dated 2.1.2010 passed in Execution Case No. 2 of 2009 by the opposite party No.2, whereby the application for stay of the execution proceedings (C-9) has been rejected.

3. Brief facts, giving rise to the instant writ petition, are that opposite party No.3 has filed a suit for eviction and arrears of rent, which was numbered as S.C.C. Suit No. 18 of 1997 against the petitioner. Notice was issued and in reply thereof, the petitioner filed his written statement. During the pendency of the said suit, opposite party No.3-landlord filed an application for granting permission to withdraw the deposited rent, to which objection has been filed by the petitioner. The trial Court, after hearing both the parties, rejected the application of the opposite party No.3 by the order dated 28.3.2001.

4. Being dissatisfied with the order dated 28.3.2001, the opposite party No.3 filed a revision, which was numbered as Civil Revision No. 59 of 2001. The revisional Court, vide order dated 17.1.2002, while allowing the revision, set-aside the orde






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