Manoj Kumar Gupta v. Addl, and District & Session Judge Court No. 9 Lucknow & Anr.
2011-10-17
RITU RAJ AWASTHI
body2011
DigiLaw.ai
Ritu Raj Awasthi, J.;- Notice on behalf of opposite party no.1 has been accepted by Mr. Manish Kumar, Advocate. For the order proposed, there is no need to issue notice to opposite party no.2. 2. Heard counsel for the parties. 3. The writ petition has been filed challenging the order dated 29.7.2011 passed by the learned Additional District & Sessions Judge, Lucknow in Rent Appeal No.59 of 2007 (Manoj Kumar Vs. Smt. Shashi Gupta). 4. It is submitted by the learned counsel for the petitioner that the petitioner during the pendency of the Rent Appeal had moved an application which was registered as C-29 for local inspection and commissioner report. The said application has been rejected by the impugned order. 5. It is the submission of the learned counsel for the petitioner that the learned court below has not considered the plea taken by the petitioner that during the pendency of the proceedings before the appellate court half of the portion of the premises was vacated and it is necessary to get the commissioner report. 6. I have considered the submissions made by the learned counsel for the petitioner and gone through the impugned order which clearly indicates that during the pendency of the proceedings an application C-16 for release of the premises before the Prescribed Authority, was moved by the petitioner for local inspection and commissioner report; that application was allowed by the court concerned and the local inspection plus commissioner report is on record as C-22 (annexed as Annexure-6 to the writ petition). 7. The learned appellate court has come to the conclusion that it is not necessary to get the local inspection and commissioner report again and again done as the said application has been moved with intention to delay the proceedings in the appeal. 8. I do not find any infirmity or illegality in the impugned order. It is for the court concerned to decide the proceedings in accordance with law as per its discretion. No interference is required at this stage in exercise of powers under Article 226 of the Constitution of India. 9. The writ petition being devoid of merit is dismissed.