KRISHNA MURARI,J. - (1.) THIS civil revision is directed against the orders dated 04.02.2010 and 05.02.2010 passed Execution Case No. 1 of 2009. Vide order dated 04.02.2010, the application for adjournment filed by the applicant -judgment debtor was rejected and Parvana for possession was issued. Vide order dated 05.02.2010, the application under Section 151 C.P.C. filed by the applicant with the prayer that order dated 04.02.2010 should be kept in abeyance and the objections being filed under Section 47 C.P.C. be decided, was rejected. I have heard Shri K.N. Tripathi and Shri Shashi Nandan, learned Senior Advocates assisted by Shri Shishir Prakash and Smt. Tulika Prakash for the applicant and Shri Rakesh Dwivedi, Shri K.R. Sirohi, Shri W.H. Khan, learned Senior Advocates assisted by Shri Vijay Shankar Mishra and Shri Sharad Malviya for the opposite party. Pleadings have been exchanged between the parties and the revision is being finally disposed of with the consent of the learned counsel for the parties. Shorn of unnecessary details, facts giving rise to the dispute are as under.
(2.) THE applicant is a company incorporated under the provisions of Companies Act, 1956 and is engaged in the production of various television programs including news program, documentary films etc. The opposite party is also a company incorporated under the provisions of Indian Companies Act, 1956. On 11.03.2004, a lease agreement was executed between the parties under which the opposite party agreed to give its property bearing plot nos. 17 B and 17 C situate in Film City, Sector 16 -A, Noida to the applicant on lease for the purpose of broadcasting the News Channel, for uplinking to the satellite, for studio operations and also for dissemination of various news related services. The lease was for a initial term of 5 years with a lock -in period for initial 2 years during which the agreement was not terminable by either party, however, after the expiry of 2 years, the Lease agreement could be terminated by either party with six months' notice in writing. Clause 19 of the agreement provided that the lessee shall hand over peaceful possession of the premises upon expiry of the present Lease or such extended period by efflux of time or upon termination of the same at the end of the lease period in the same conditions as received, except normal wear and tear, damage of fire, acts of God and such other causes not within the control of lessee. On the same date, i.e., on 11.03.2004, two hire agreements were also entered into between the parties with regard to the studio and other equipments. The first hire agreement in respect of Studio 'A' situate in the premises with PCR, Make -up rooms, toilets etc. and equipments installed in the said studio and the air conditioning and split air conditioner and 24 hours fully back -up electricity from UPS and Generator was for a period of two years. Whereas the second hire purchase agreement in respect of equipments installed in Studio 'B', 'C' and 'D' and air conditioning, electricity back -up etc. was for a period of 5 years w.e.f. 1st April, 2004. Both the hire agreements were renewable with joint consent of both the parties in writing.
(3.) SOME dispute arose between the parties which resulted into multiple legal proceedings, one of which was Original Suit No. 874 of 2007 filed by the applicant in the court of Civil Judge, Senior Division, Gautam Budh Nagar seeking a permanent injunction to restrain the opposite party not to dispossess except in accordance with law.;