need citation

I had dealt with this subject elaborately a few years back. But I have not so far found any case to suit your situation. However, the court by itself generally don't decide without disposing of the main case.

Thank you Sir for your input.  I would like to explain in detail my cas.

We have filed an eviction petition on our tenant on genuine bonafide grounds. The leaf to defend is yet to be decided by the court. My tenant is trying to delay the proceedings. He has filed a baseless 340 crpc case on us in the same court. I want the case to be decided first on merit and sec 340 should be considered later. I've come to know that there is a citation where the eviction petition was decided on merit and sec 340 was considered later. Can you please provide me the relevant citation