- (1.) THE respondent/landlord filed an application under Section 21(1)(a) of Act No. XIII of 1972 against the petitioner/tenant for release of the property in question. The application was allowed on 6.8.2014 aggrieved, the petitioner preferred an appeal under Section 22 being Rent Appeal No. 25 of 2014 before the District Judge, Gorakhpur.
(2.) IT is contended by the learned counsel for the petitioners that on 19.9.2014, the argument in the appeal was concluded and was reserved for judgment on 29.9.2014. On 9.10.2014, the learned District Judge posted the appeal for rehearing thereafter, an execution petition being Execution Case No. 12 of 2014 was instituted by the respondent/landlord for executing the judgment and decree dated 6.8.2014. Petitioner apprehending eviction from the property in dispute pending decision in the appeal filed an application for staying the execution of the judgment and decree dated 6.8.2014 which was rejected by the appellate Court on 16.12.2014, aggrieved the petitioner has come up in writ jurisdiction.
(3.) SUBMISSION of the learned counsel for the petitioner is that the next date fixed in the execution case is 2 May 2015 whereas in the appeal the date fixed is 24 April 2015. Considering the facts and circumstances of the case, since the appeal is in the last stage of hearing, the interest of justice would be served in keeping the execution case in abeyance pending decision in the appeal.;