ORDER :

(Neeraj Tiwari, J.)

1. Heard Sri Avnish Kumar Srivastava, learned counsel for the petitioner and Sri Rahul Pandey, learned counsel for the respondent.

2. Case was heard on 27.3.2023, Court has passed the following order:-

"Heard Sri Avnish Kumar Srivastava, learned counsel for the petitioner and Sri Rahul Pandey, learned counsel for the respondent.

Learned counsel for the petitioner submitted that earlier he was tenant of plaintiff-respondent. During the tenancy, a registered agreement to sale dated 06.01.2009 was entered upon between the parties, upon a consideration of Rs. 3,00,000/-, out of which, petitioner has deposited 2,94,000/-but later on, plaintiff-respondent refused to execute the sale deed in favour of petitioner, for which, petitioner has filed suit for specific performance of contract, being Suit No. 876 of 2011. During the pendency of said suit, plaintiff-respondent has filed JSCC Suit No. 30 of 2014, upon which, notice has been issued, in which, he has not complied the provision of Order XV, Rule 5, C.P.C. on the ground that after execution of registered agreement to sale dated 06.01.2009, petitioner's title has been changed from tenant to purchaser.

In suppo