I am a respondent in eviction petition filed by my Landlord. The Petition is based on false averments. During pendancy of the suit, I brought to the knowledge of Hon'ble ARC that the petitioner has done fraud upon the Court and respondents. I filed an application u/s 340 CrPC before the Hon'ble Court and further submitted that my application u/s 340 CrPC may be decided first as it is affecting the administration of Justice. The Court directed the Petioner [against whom I moved the application] to file the reply. At the stage of arguements, the Petitioner submitted that the application U/S 340 CrPC can not be decided during pendancy of the main suit and accordingly he filed a Judgment of Karnataka High Court. The Hon'ble Court asked me whether I have any Judgments through which I can establish that during pendancy of the eviction petition, cognizance can be taken against the Landlord for deciding the application U/S 340 Cr.PC? Now the onus is on me to produce certain Judgments which say that Yes during pendancy of the Eviction Petition the Court can take cognizance on an application U/S 340 Cr.PC. Kindly help. and Plz. give Judgements which I can present to the Court for which I will remain highly greatful to you.
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