Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THIS is a writ petition filed by the tenant for quashing of the impugned order dated 28.1.2005 passed by the Upper Zila Judge, Court No. 1, Allahabad/respondent No. 3 by which the application No. 19Ga of the petitioner alongwith the affidavit for extension of time to deposit the decretal amount has been rejected. The facts of the case in nutshell are that respondent Nos. 1 and 2 are the landlords filed a suit No. 45 of 1995, for ejectment and recovery of arrears of rent, damages and pendente lite against the petitioner. The suit was contested by the petitioner denying the plaint allegations. The Judge Small Causes Court, Allahabad, decreed the suit for ejectment, recovery of arrears of rent and damages Rs. 4,805 by its judgment and decree dated 13.2.2004. Aggrieved by the judgment, the petitioner filed Revision No. 156 of 2004, before respondent No. 3, alongwith an application for interim orders.
(3.) BY order dated 8.10.2004, Upper Zila Judge, Court No. 1, Allahabad-respondent No. 3, stayed the execution of the decree for ejectment subject to condition of deposit of the entire decretal amount within a period of one month by the petitioner. He also directed that any amount already deposited by the petitioner will be adjusted in the decretal amount. The petitioner did not make any deposit in compliance of the conditional order of stay dated 8.10.2004 passed by the Court within the stipulated time. He rather moved an application supported by an affidavit dated 19.1.2005 for extension of time to deposit the decretal amount as directed by the Court on the ground that his daughter was seriously ill and was operated upon and thereafter his brother fell ill as such he had spent huge amount in their treatment and could not comply with the conditional order of the Court.;