- (1.) S. P. Mehrotra, J. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 5-12-2002 (Annexure 5) to the writ petition) passed by the learned Judge, Small Cause Court/civil Judge (Junior Division), Badaun and the order dated 19-9- 2003 (Annexure 6 to the writ petition) passed by the learned Additional District Judge/special Judge (E. C. Act), Badaun.
(2.) THE dispute relates to a shop situated in Babu Ram Market, Badaun, the details whereof are given in the plaint of suit referred to hereinafter. THE said shop has hereinafter been referred to as "the disputed shop. " From a perusal of the averments made in the writ petition and the annexures thereto, it appears that the respondent Nos. 3 to 5 (contesting respondents) filed a suit against the petitioner for ejectment, arrears of rent damages etc. in respect of the disputed shop. The respondent No. 6 herein was impleaded as the proforma defendant No. 2 in the said suit. The said suit was registered as SCC suit No. 5 of 1999. It further appears that the petitioner contested the said suit and filed written statement dated 9-12- 1999, a copy whereof has been filed as Annexure 2 to the writ petition.
(3.) IT further appears that the evidence of both the sides was recorded in the said suit. It further appears that on 19-4-2002, the arguments of the parties were heard, and 27-4-2002 was fixed for judgment.;