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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Neeraj Tiwari
Jagdish Prasad – Appellant
Versus
Pandit Ram Shanker Mishra Trust – Respondent
JUDGMENT :
Neeraj Tiwari, J.
1. Heard Sri Rishabh Agarwal, learned counsel for the applicant and Sri Rahul Sahai, learned counsel for the respondent.
2. Present petition has been filed for setting aside the order dated 1.3.2025 passed by the ADJ, Court No.26, Agra in SCCR No.47 of 2024.
3. Brief facts of the case are that earlier SCC Suit No. 61 of 2021 was instituted by the respondent/plaintiff seeking decree of eviction and recovery of arrears of rent. Thereafter, written Statement has also been filed by the petitioner-defendant with the specific plea about the execution of lease deed dated 23.2.2011 in favour of Shri S.K. Agarwal and two others. Petitioner-defendant has filed application under Order 1 Rule 10 of CPC on 14.12.2021 to implead the lessee of the respondent- plaintiff, which was allowed vide order dated 6.4.2024. Against that, plaintiff-respondent has preferred SCC Revision No. 47 of 2024, which was allowed vide order dated 1.3.2025 and matter was remanded back to decide the matter afresh. Hence the present petition.
4. Learned counsel for the petitioner submitted that between the petitioner-defendant and respondent-plaintiff, SCC Suit No. 61 of 2021 is pending. Petitione
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