Shyam Sundar v. Prescribed Authority / Civil Judge
2014-12-08
RAN VIJAI SINGH
body2014
DigiLaw.ai
JUDGMENT Ran Vijai Singh,J. Heard Sri Puneet Bhadauria, learned counsel for the petitioner. 2. In substance, the petitioner appears to be aggrieved by non-disposal of P.A. Case No. 05 of 2002 (Shyam Sundar Vs. Meva Lal (deceased) through his legal heirs) pending before the learned Prescribed Authority/Civil Judge (Senior Division), Etawah (respondent no. 1). 3. It is submitted that the conduct of the respondent has throughout been non-cooperative as in the case filed in the year 2002, seeking release of the accommodation in dispute, the written statement was filed by the respondent only on 25.7.2011. Prior to that, on number of times, opportunity was given, but no written statement was filed and ultimately, the release application was allowed ex parte vide order dated 27.5.2004. The matter proceeded for execution. It is in the year 2011, recall of the order of 27.5.2004 was sought for and that was allowed on 2.5.2011. The petitioner has already filed his evidence, but the respondent has not filed his evidence as yet. In the submissions of learned counsel for the petitioner, in view of sub-rule (3) of Rule 15 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, the release application has to be decided within a period of two months from the date of its filing. 4. Having heard learned counsel for the petitioner and considering the facts and circumstances of the case, this writ petition is disposed of with the direction to respondent no. 1 to decide P.A. Case No. 05 of 2002 (Shyam Sundar Vs. Meva Lal (deceased) through his legal heirs) expeditiously in accordance with law, after hearing all concerned, preferably, within a period of six months from the date of receipt of certified copy of the order of this Court, without granting any unnecessary adjournments to the learned counsel for the parties. In case any adjournment is sought for, that may be granted only after imposing cost of not less than Rs. 500/- per adjournment upon the party seeking adjournment with the direction to deposit the cost by the next date fixed. In case the cost is not deposited by the next date fixed, the right of participation in further proceeding of the case of the defaulting party be closed.