Surinder Singh, J. - (1.) AT the time of disposal of civil miscellaneous application No. 6012/CII of 1985, which is on the list today, both the learned Counsel for the parties agreed that along with this civil miscellaneous application, the main case Civil Revision No 3577 of 1985, may also be disposed of simultaneously. The civil revision petition referred to above is directed against the order passed by Sub Judge 1st Class, Panipat, dated 5th December, 1985, on an application presented before him by the present Petitioner with a prayer for staying of the auction ordered to be held by the Court Auctioneer The learned Sub Judge after hearing the parties felt that as the Court Auctioneer had been appointed by this Court in an earlier proceeding, the question of stay of auction should be decided by this Court and not by the trial Court. This is an erroneous approach to the matter. The appointment of a Court Auctioneer by this Court does not take away the jurisdiction of the trial Court to pass suitable orders in any matter before it, if the same arises in the proceedings. In the application filed by the Petitioner under Section 151 of the Code of Civil Procedure, certain relief's were claimed. The trial Court has not considered the merits and demerits of those relief's. This tantamounts to not exercising jurisdiction vested in it under the law. Accordingly, the matter is sent back to the trial Court with the direction that it should dispose of the application filed by the Petitioner within one month of the receipt of the orders from this Court.
(2.) IT is contended by the learned Counsel for the Respondents that during the period when the aforesaid application remains pending and is not finally disposed of, his clients would be un -necessarily burdened with the rent/damages of the premises. The learned Counsel for the Petitioner, on instructions from his client, who is present in Court today, has, however, stated at the Bar that no rent would be charged from the Respondents with effect from today uptill the final disposal of the application referred to above. This offer amply safeguards the interest of the Respondents. It may be observed here that the Court -Auctioneer should proceed with the matter in accordance with the directions already issued by this Court, without any further delay, subject of -course to the orders of the Court concerned, if any. The present revision petition is disposed of accordingly.;