SHISHIR KUMAR,J. - (1.) HEARD Sri K.N. Kesharwani, learned counsel for the petitioner and Sri Pradeep Kumar, learned counsel appearing for the respondents.
(2.) THIS writ petition has been filed for the following reliefs: (i) issue a writ, order or direction in the nature of Mandamus commanding the respodnent no.1 not to pass any final order in P.A. Appeal no.1 of 2004 pending before him till final disposal of the suit for declaration of tile as Suit No.87 of 2002 pending in the court of Civil Judge (S.D.) Etawah as Ramadhar Vs. Sadanand Bundela as well as probate Suit No.14 of 2006 pending in the court of 6th Additional District Judge, Etawah. (ii) issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 not to proceed with execution case No.2 of 2009 (Sadanand Bundela Vs. Ramadhar Gupta) till disposal of appeal No.1 of 2004 as well as aforesaid civil suit No.87 of 2007 and probate suit no.14 of 2006. (iii) issue a writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) award the cost of the petiton in favour of the petitoner. Admittedly, the application filed by the respondent-landlord under Section 21(1)(a) of Act No.XIII of 1972 has already been allowed and the execution proceeding no.2 of 2009 is pending for disposal. It has also been brought to the notice of the Court that appeal has already been filed by the tenant under Section 22 of the Act which is still pending from 2004 but due to the non-participation of the petitioner the same is not being decided. This writ petition has been filed with a prayer that in view of the pendency of title suit No.87 of 2002 pending before the Civil Judge (SD), Etawah filed by the petitioner till the pendency of this suit, the appeal filed by the petitioner under Section 22 of the Act as well as the execution proceeding arising out of the proceeding under Section 21 of the Act shall remain stayed. In my opinion the relief sought in the present writ petition cannot be granted by this Court while exercising its powers under Article 226 of the Constitution of India. As the appeal has already been filed by the petitioner, he can pursue the appeal under Section 22 of the Act. Further if a separate suit regarding denying the title of the respodnent-landlord has been filed and if that is pending, that is a separate proceeding and that has to be separately decided between the parties. Further this Court while exercising its powers under Article 226 of the Constitution of India cannot pass an order staying the execution proceeding unless and until it is shown that the execution proceeding is contrary to law.
(3.) IN view of the aforesaid fact this writ petition is totally misconceived and is hereby dismissed.;