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2023 Supreme(All) 914

NEERAJ TIWARI
Vishnu Kumari – Appellant
Versus
Sandeep Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Praveen Kumar, Onkar Nath Vishwakarma.
For the Respondent: Puneet Bhadauria.

JUDGMENT :

NEERAJ TIWARI, J.

1. Heard Sri Praveen Kumar, learned counsel for the petitioner and Sri Puneet Bhadauria, learned counsel for the respondent No. 5.

2. Present petition has been filed seeking following relief:

    “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.03.2023, passed by Addl. District Judge, Court No. 8, Etawah, in SCC Revision No. 11 of 2004, Murari Lal Srivastava vs. Sandeep Kumar and Others.

(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.04.2023, passed by Addl. District Judge, Court no. 8, Etawah, in Rent Revision No. 19 of 2023, Vishnu Kumari vs. Sandeep Kumar and Others.”

3. Since only legal question is involved, therefore, with the consent of parties without inviting for affidavits, the matter is being decided at the admission stage itself.

4. Undisputed facts of the case are that Smt. Ramdevi and Smt. Saral Kumari had filed SSC Suit No. 64 of 1975 before SCC Court for eviction and recovery of arrears of rent and damages, upon which Sri Murari Lal Srivastava defendant had filed written statement. During the pendency of the suit proceeding, Smt. Saral Kumar

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