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2015 DIGILAW 2525 (ALL)

Mohd. Ayoob v. Additional District Judge

2015-08-20

SUNITA AGARWAL

body2015
JUDGMENT Mrs. Sunita Agarwal, J. Heard learned counsel for the parties. 2. By means of the present writ petition, the petitioners are challenging the order dated 23.7.2015 passed by the Prescribed Authority in Rent Misc. Case No. 4/23 of 2010 whereby Parvana Dakhal has been issued for eviction of the petitioners from the premises in dispute. 3. It appears that against the order passed by the Prescribed Authority, an appeal was filed by the petitioners. In appeal, learned counsel for the respondents submits that several dates were fixed but no one has put in appearance on behalf of the appellants. Even steps have not been taken to serve the notices upon other respondents pursuant to the order dated 13.10.2014. As the petitioners/appellants have not pursued the appeal, it was dismissed in default on 23.7.2015. 4. It is submitted by the learned counsel for the petitioners that after dismissal of the appeal, an application was filed by the respondent landlord for issuance of Parvana Dakhal. The Court below has issued parvana dakhal and did not wait for getting the certified copy of the dismissal order. 5. Be that as it may, it is apparent from the record that though the petitioners had filed appeal in 2014 but had not contested it with due diligence and even no steps for notice have been taken by the petitioners. There is no interim order in the appeal but merely on account of pendency of the appeal, the execution case could not be proceeded. 6. Learned counsel for the petitioner submits that the petitioner undertakes to pursue the appeal & argue it on merits. 7. In view of this undertaking, the order of issuance of parvana Dakhal dated 23.7.2015 is set aside subject to the condition that the petitioners shall argue the application for restoration of the appeal on the next date fixed. It is further directed that in case the restoration application is allowed, the appellate Court shall make an endeavour to decide the appeal at the earliest preferably within a period of three months from the date of production of certified copy of this order without granting unnecessary adjournment to either of the parties. In case, adjournments are sought, exemplary cost would be imposed while granting each adjournment. 8. With the above direction, the writ petition is disposed of.