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SRI MIRZA WAZAHAT HUSSAIN AND ANOTHER versus ADDITIONAL DISTRICT JUDGE, CT.NO.2 AND OTHERS

High Court of Judicature at Allahabad

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Sri Mirza Wazahat Hussain And Another v. Additional District Judge, Ct.No.2 And Others - WRIT - A No. - 43646 of 2007 [2007] RD-AH 15434 (12 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble S.U. Khan, J.

Writ petition is disposed of. Additional District Judge, Court No.2, Allahabad, is directed to decide R.C. Appeal No.161 of 2006 very expeditiously preferably within four months. It is further directed that no unnecessary adjournment shall be given to any party. If any adjournment granted, then the same shall be on very heavy cost, which shall not be less than Rs.500/- per adjournment.

It is further directed that until disposal of appeal, tenant appellant shall not be evicted from the premises in dispute in pursuance of the order challenged through the said appeal provided that w.e.f. September, 2007 onwards he deposits rent before the appellate court @ Rs.600/- per month by 7th of each succeeding month for immediate payment to the landlord petitioner.

In case of two defaults stay order shall stand automatically vacated.

This direction is being given in view of Supreme Court authority of Atma Ram Properties Vs. Federal Motors, 2005 (1) SCC 705.

Date:12.09.2007

NLY/43646/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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