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Shyam Sunder Advocate v. Civil Judge (Junior Div.) Firozabad And Another - WRIT - A No. 64610 of 2006  RD-AH 20156 (28 November 2006)
Court No. 7
Civil Misc. Writ Petition No. 64610 of 2006
Shyam Sunder Advocate versus Civil Judge (Junior Division),Firozabad
Hon'ble Rakesh Tiwari,J.
Heard counsel for the parties and perused the record.
Brief facts of the case are that the father of the petitioner filed an application under Section 21(1)(a) of U.P. Act No. 13 of 1972 before the Civil Judge (Junior Division), Firozabad for release of the shop in question under the tenancy of respondent no.2.
During the pendency of the application, the father of the petitioner died and in his place the name of the petitioner was substituted. Respondent no.2 filed his written statement. The contentions of the petitioner are that respondent no.2 always used to file frivolous applications to delay the disposal of the case and inspite of the fact that respondent was given time as a last opportunity on 14.7.2006 to give evidence, even though he did not give evidence on earlier dates. It is further contended that even thereafter again a last opportunity was given by the Court to the respondent on 11.10.2006 to file evidence and the case is being adjourned in a routine manner against the spirit of Rule 15(3) of Act No. 13 of 1972.
The only prayer of the counsel for the petitioner is that Civil Judge (Junior Division), Firozabad may be directed to decide P.A. Case No. 8 of 2004, Sukh Ram and others vs. Keshav Singh within a time bound frame fixed by this Court.
The counsel for the respondents has no objection to this prayer.
In the circumstances, the writ petition is disposed of finally with a direction to the Civil Judge (Junior Division), Firozabad to decide aforesaid P.A. Case No. 8 of 2004, Sukh Ram and others vs. Keshav Singh by 4.12.2006 from the date of production of a certified copy of this order in accordance with law.
No order as to costs.
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