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Smt. Neeru Kapoor v. Ist Additional District Judge, Allahabad And Others - WRIT - A No. 8007 of 2007 [2007] RD-AH 2501 (14 February 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).


Hon'ble Rakesh Tiwari, J

Heard counsel for the petitioner and perused the record.

This is landlord's petition. The petitioner-landlord filed release appliation under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for release of two shops in dispute. It was allowed by the Prescribed Authority vide judgment dated 31.7.2006.

Aggrieved by the aforesaid judgment, the tenants filed Rent Control Appeal No. 138 of 2006.

Counsel for the petitioner states that the tenants are adopting delaying tactics and seeking adjournments on one ground or the other. The case has been fixed for hearing on 16.3.2007.

The only prayer of counsel for the petitioner at this stage is to direct the lower appellate Court- respondent no. 1 to decide the appeal positively on 16.3.2007, the next date fixed in the case or within some time frame.

From the perusal of record, it appears that the tenants are adopting delaying tactics.  Delay in decision of the cases erodes the faith of public in judiciary. If cases are not decided expeditiously it may create irreparable loss and harassment to one of the parties to the dispute.

                              Accordingly, the writ petition is disposed of with the direction to the lower appellate Court- respondent to ensure that Rent Control Appeal No. 138 of 2006 is decided on 16.3.2007, the date fixed in the case.  For any reason, if the same is not decided on that day, it is directed that the appeal be decided within a period of 3 months positively from the date of production of a certified copy of this judgment. No order as to costs.

Dated 14.2.2007



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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