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14910/2014 (Exemption)
09th September, 2014 SMT. SANGEETA ......Petitioner
Through: None
Through:
To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL)
JUDGMENT
1. Powers under Article 227 of the Constitution of India are not meant to be exercised in routine but are meant to be exercised only when grave injustice is caused by an impugned order of the trial court. As per the Code of Civil Procedure, 1908 (CPC), certain orders are made appealable and certain orders are not made appealable. Once the orders are not appealable, it is only when grave injustice is caused the powers under Article 227 of the Constitution of India are exercised. 2014:DHC:4508 CM(M) No.827/2014
2. The facts of the present case are that there is a judgment and decree dated 06.5.2014 for possession and mesne profits against the petitioner/tenant and the impugned order dated 13.8.2014 only directs that the petitioner/tenant because she is staying in the suit/tenanted premises, must naturally pay rent for the period of her stay in the suit/tenanted premises as she cannot stay in the suit/tenanted premises without paying any rent/user charges. Accordingly, I do not find any illegality in the impugned order, much less for exercise of my extraordinary jurisdiction under Article 227 of the Constitution of India.
3. The petition is dismissed, leaving the parties to bear their own costs.
VALMIKI J. MEHTA, J SEPTEMBER 09, 2014 KA