Rashid Akbar v. Nadeem Ahmad

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 8535 of 2023 Petitioner :- Rashid Akbar Respondent :- Nadeem Ahmad Counsel for Petitioner :- Umesh Kumar Dubey,Mridul Mishra Counsel for Respondent :- Jeet Bahadur Singh Hon'ble Prakash Padia,J.

¶1The present petition has been filed inter-alia with the prayer to set aside the order dated 24.07.2023 passed by the Additional District Judge, Court No.2, Aligarh in Case No. 78 of 2022 (Rashid Akbar vs. Nadeem Ahmad).

¶2By the aforesaid order, a direction was given in the aforesaid case to execute the decree as per the procedure prescribed in law.

¶3Aggrieved against the aforesaid, the petitioner has preferred the present petition.

¶4Shri Jeet Bahadur Singh, learned counsel put up his appearance on behalf of landlord has placed before this Court the copy of the documents on the basis of which it is argued that possession of the property in dispute has already been handed over to the decree holder namely plaintiff-respondent.

¶5In this view of the matter, it is argued that the present petition has now become infructuous.

¶6On the other hand, it is argued by the counsel for the petitioner that wholly illegally the lock has put up on the premises and some household appliances is still in the possession of the respondent-landlord.

¶7Since possession has already been handed over, no relief court be granted. Dismissed.

¶8Insofar as for handing over the household appliances, the petitioner is free to move an application in this regard before the concerned competent authority. In case, such an application is filed within a period of one week from today, the authority concerned will pass appropriate orders on the same within a period of ten days thereafter. Order Date :- 21.11.2023 Swati High Court of Judicature at Allahabad