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2015 DIGILAW 3261 (ALL)

Mohd. Nazir v. Madhubala Gupta(Since Deceased)

2015-10-15

SUNITA AGARWAL

body2015
JUDGMENT Sunita Agarwal,J. Rejoinder affidavit filed today be taken on record. 2. By means of the present writ petition, the petitioner is challenging the order dated 04.03.2014 passed by the Appellate Authority in Rent Control Appeal No. 140 of 2010 (Mohd. Nazir Vs. Smt. Madhubala (since deceased) and others. Further prayer is for stay of the execution proceeding regarding House No. 41/45, Nakhas Kona, Allahabad during the pendency of the appeal. The averments in the writ petition is that no unnecessary adjournment has been sought by the petitioner-appellant. On 04.03.2014, adjournment was sought on account of illness of the counsel for the appellant, on this prayer 27.03.2014 was fixed for argument, however the application for extension of the interim order has been rejected. The petitioner therefore has approached this Court. 3. Learned counsel for the petitioner-appellant at the very out set submits that the petitioner is ready for direction for disposal of the appeal on merits in a stipulated time and he would not seek unnecessary adjournment. 4. Learned counsel for the respondent objected to this submission of the petitioner with the plea that the interim order in appeal has been granted on 09.01.2010 on the undertaking given by the appellant that he would not seek adjournment on the next date fixed. Adjournments have been sought by the petitioner time and again and hence the stay extension application has been rejected on 04.03.2014. 5. Perusal of the order-sheet indicates that the matter has been adjourned from 09.11.2014 till 04.03.2014 for one or other reason but the petitioner cannot be held responsible for adjournments. 6. Moreover, this Court of the view that the appeal is pending since in the year 2010, there is no purpose to keep this writ petition pending. The substantive rights of the petitioner to continue as a tenant in the disputed premises is to be decided on the merits of the appeal. In this view of the matter, in order to meet the ends of justice, the writ petition is being disposed of with the direction to the Additional District Judge, Court No. 3, Allahabad to decide the Rent Control Appeal No. 130/2010 (Mohd. Nazir Vs. Smt. Madhubala (since deceased) and others) within a period of two months without granting any unnecessary adjournment to the petitioner. In case of any unnecessary adjournment heavy cost of Rs. 2,000/- be imposed each time. Nazir Vs. Smt. Madhubala (since deceased) and others) within a period of two months without granting any unnecessary adjournment to the petitioner. In case of any unnecessary adjournment heavy cost of Rs. 2,000/- be imposed each time. Till the appeal is decided on merits or for a period of two months whichever is earlier, the execution proceeding shall remain stayed. 7. With the above direction, the writ petition is disposed of.