1 y IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.7470/2008 (Shiv Prakash Vs. Smt. Champa Bai & Ors.) Date of order : 22.9.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Shambhoo Singh, for the petitioner. Heard learned counsel for the petitioner. In this case, the petitioner has challenged the order Annexure-7 dated 23.10.2007 passed by trial Court as well as the order dated 12.8.2008 (Annexure- 8) passed by the appellate authority whereby the order passed by trial Court for striking off the right of defence was upheld. The case of the petitioner is that a suit was filed against him for eviction. The provisional rent was determined on 13.2.1996 but the said rend was not deposited by the petitioner, admittedly, for 58 months. Thereafter, an application was filed for condonation of delay and for depositing the amount. The learned trial Court while rejecting the plea of 2 the petitioner and not accepting the petitioner's reasons passed an order on 23.10.2007 whereby defence has been struck of. The said order was further appealed by the petitioner but learned Addl. District Judge, Bali vide order dated 12.8.2008 has upheld the order passed by the trial Court for striking off the right of the defence. In my opinion when two Courts below gave concurrent finding and found that no case is made out in favour of the petitioner for granting any relief. Therefore, I am not inclined to interfere in the matter while exercising the power under Article 226/227 of the Constitution of India. Accordingly, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J. arun