Ashwani Kumar Mishra, J. - (1.) This petition is directed against an order passed in SCC Revision No.39 of 2014, whereby an application filed by tenant-petitioner to extend the interim order has been rejected.
(2.) It appears that landlord-respondent's suit for eviction and arrears of rent was decreed, against which a revision has been filed by tenant-petitioner, wherein a conditional interim order was granted, providing for tenant-petitioner to deposit entire decretal amount. This interim order was operative till particular date, whereafter it was not extended. The executing court made an observation that the question as to whether interim order is in existence or not, be got clarified from the revisional court. The application to extend the interim order has been rejected by the revisional court, observing that since interim order has not been extended, therefore, it would be appropriate to decide the revision itself on merits, and there is no occasion to extend the interim order.
(3.) Learned counsel for tenant-petitioner submits that the order impugned has occasioned failure of justice, inasmuch as on account of non extension of interim order, tenant-petitioner would be evicted from the premises and the very purposes of hearing in the revision would be frustrated. Further submission is that condition of the interim order has been complied with.;