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Laxman Das v. Ramakant Raijada - WRIT - A No. 30307 of 2007 [2007] RD-AH 11598 (10 July 2007)


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     Court no. 7                                                        

           Civil Misc. Writ Petition No. 30307 of 2007

          Laxman Das                            versus    Ramakant Raijada

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

Brief facts of the case are that the petitioner landlord filed Suit No. 3 of 2001 before the Civil Judge (Senior Division), Kanpur Nagar for ejectment of the respondent tenant from the tenanted portion of house no. 125/8 (6 old) situate at Lal Quarters, Govind Nagar, Kanpur Nagar.

It is alleged that the respondent filed amendment application seeking amendment in the plaint, which was rejected, vide order dated 12.2.2004.

Aggrieved by the aforesaid order dated 12.2.2004 the respondent preferred Civil Revision No. 74 of 2004 before this Court which was also dismissed vide order dated 24.11.2004.

According to the petitioner, the respondent has again started filing frivolous applications before the Court below only to delay the proceedings in the aforesaid suit.

The only prayer of the counsel for the petitioner is that a direction may be issued to the Court below to decide suit no. 3 of 2001 within a time bound frame fixed by this Court.

Since the petition is not being decided on merit, the Court does not deem necessary in the circumstances to call upon the respondent to file counter affidavit.

For the reasons stated above, the writ petition is disposed of finally with a direction to the Court below to decide suit no. 3 of 2001 in accordance with law within a period of 4 months from the date of production of a certified copy of this order.  No order as to costs.

Dated 10.7.2007





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