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2018 DIGILAW 705 (JHR)

Yash Kamal Developers Pvt Ltd v. Vinod Kumar Barbhaya

2018-04-02

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. – The petitioner is aggrieved of order dated 21.05.2009 passed in Eviction Suit No.03 of 2006 by which an application under section 15 of B.B.C Act has been rejected. 2. This writ petition was filed on 21.11.2009 and when it was posted for hearing on 26.04.2011 notice was issued to the respondent. Thereafter this writ petition was listed for hearing on 24.09.2012, when the petitioner was not represented through its counsel. 3. The learned counsel for the petitioner submits that rejection of the application under section 15 of B.B.C Act by the impugned order dated 21.05.2009 is founded on the ground that L.P.A No.193 of 2006 was pending at that time, however, now since the Letters Patent Appeal has been dismissed, the petitioner has become entitled for payment of rent in terms of section 15 of B.B.C Act. 4. Considering the fact that the litigation between the parties has spilled over a decade and the eviction suit is still pending, at this distant point in time I am of the opinion that it would serve the interest of justice if a direction for expeditious disposal of the suit is issued. 5. Accordingly, without observing on merits of the matter, the writ petition stands disposed of with a direction to the trial judge to dispose of the eviction suit within six months. Parties shall not be granted adjournments, but for just excuse. It is also clarified that disposal of the writ petition shall not be taken as an expression of opinion on the claim of the petitioner being the landlord. 6. The writ petition stands disposed of.