SUNIL CHANDRA SRIVASTAVA versus THE COURT OF UPPER ZILA JUDGE, COURT NO. 5 ALLAHABAD & ORS.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Sunil Chandra Srivastava v. The Court Of Upper Zila Judge, Court No. 5 Allahabad & Ors. - WRIT - A No. 61399 of 2006 [2006] RD-AH 19005 (9 November 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

   Court no. 7                                                        

         Civil Misc. Writ Petition No. 21399 of 2006

Sunil Chandra Srivastava           versus     Additional District Judge, Court

                                                                  No.5, Allahabad and another.

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

Brief facts of the case are that respondent no.2 is tenant in disputed accommodation no. B/713 situated in Mohalla Kareli, district Allahabad on monthly rent of Rs.750/-. The petitioner is the landlord of the disputed accommodation. He filed an application under Section 21(A) of U.P. Act No. 13 of 1972 for release of the disputed accommodation on the ground of his personal need.

Respondent no.2 contested the aforesaid release application denying the allegations made therein.

The Prescribed Authority/Additional Civil Judge (Senior Division) Court no.13, Allahabad vide order 7.3.2006 allowed the release application.

Aggrieved by the aforesaid order dated 7.3.2006 respondent no.2-tenant filed appeal before the appellate Court.  

The appellate Court vide order dated 1.5.2006 admitted the appeal and stayed the operation of the order dated 7.3.2006.

This writ petition has been filed only for a direction to the appellate Court to decide the petitioner's appeal no. 65 of 2006, Mohan Chandra Vs. Sunil Chandra Srivastava at the earliest.

From the order sheet it appears that the appeal is being  listed for hearing on four occasions i.e. 2.9.2006,23.9.2006,9.10.2006 and 1.11.2006. Since the appeal is listed for arguments of the parties, no direction is required by this Court. However, it is expected that as the date has already been fixed for arguments, the court below will decide the appeal on the next date.

With the aforesaid observations, the writ petition is disposed of finally.

Dated 9.11.2006

CPP/-

 

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