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M/S Shree Kartikeya Enterprises Pvt. Ltd. v. Additional Civil Judge (Sd) And Others - WRIT - A No. 33565 of 2007  RD-AH 12822 (25 July 2007)
Court no. 7
Civil Misc. Writ Petition No. 33565 of 2007
M/s Shri Kartikeya Enterprises Pvt. Ltd. vs. Addl.Civil Judge (SD)
Kanpur Nagar and
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 an application for release under Section 21(1)(b) of U.P. Act No. 13 of 1972 before the Prescribed Authority/Second Addl. Civil Judge (Senior Division), Kanpur Nagar of the disputed shop situate on the ground floor of premises no. 112/325, Swaroop Nagar, Kanpur on the ground of demolition of the aforesaid property being in dilapidated condition. The aforesaid application was registered as Rent Case No. 17 of 2006 which is still pending before the Prescribed Authority.
The only prayer of the counsel for the petitioner is that a direction may be issued to the Court below to decide the aforesaid Rent Case No. 17 of 2006 within a time bound frame fixed by this Court.
The Standing counsel has no objection to this prayer.
Since the petition is not being decided on merit, the Court does not deem necessary in the circumstances to call upon the respondents 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 the aforesaid Rent Case No. 17 of 2006 in accordance with law within a period of 2 months from the date of production of a certified copy of this order. No order as to costs.
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