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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
PANKAJ BHATIA
Hari Shankar Kushwaha – Appellant
Versus
Addl. District Judge E.C. Act Court No. 4, Lko. – Respondent
| Table of Content |
|---|
| 1. challenge to execution proceedings by landlord. (Para 1 , 2 , 3) |
| 2. maintainability of objections under order 21. (Para 4 , 5 , 6) |
| 3. requirements for filing application under order 21 rule 97 cpc. (Para 7 , 8) |
| 4. order quashing previous orders and directing execution. (Para 9 , 10 , 11) |
JUDGMENT :
Pankaj Bhatia, J.
1. The present petition has been filed by the petitioner challenging an order dated 20.02.2024 passed by the Additional District Judge, E.C. Act Court no.4 Lucknow in Misc. Case No.257 of 2023 ( Jai Prakash Singh Vs. Hari Shankar Kushwaha ) whereby directions were issued for framing the issues under Order 21 Rule 101 CPC. The petitioner is also sought the quashing of entire proceedings of Misc. Case No.257 of 2023 ( Jai Prakash Singh Vs. Hari Shankar Kushwaha ) under Order 21 Rule 97, 98 and 101 CPC pending before the Additional District Judge, EC Act, Court no.4. A further prayer has been sought seeking direction for concluding the Execution Case No.23 of 2021 ( Hari Shankar Kushwaha vs. Jai Prakash Singh ).
2. The facts, in brief, are that the landlord, the petitioner herein, filed a SCC Suit for arrears of rent, eviction and damages against the tenant Jai
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