Allahabad High Court
Kishan Kumar And Another vs Smt. Ram Kumari Devi And Another on 10 May, 2010
Author: Devendra Pratap Singh
Bench: Devendra Pratap Singh
Court No. - 7 Case :- WRIT - A No. - 24718 of 2004 Petitioner :- Kishan Kumar And Another Respondent :- Smt. Ram Kumari Devi And Another Petitioner Counsel :- O.P. Singh Respondent Counsel :- Vinod Swaroop,S.C.,Vidya Prakash Singh Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the parties. The following order was passed on 26.4.2010:
"This petition by the occupier is against the order declaring vacancy wherein an interim order is operating with the condition that the proceedings for release may go on but the petitioner shall not be evicted.
An application no.101326 of 2010 has been filed stating that the release was allowed on 9.7.2004 and now both the petitioners have vacated the premises and are living on 108/24 P. Road, Kanpur and 108/09 P.Road, Kanpur.
Let a counter be filed by the next date, or else the petition may be considered on merits.
List in the week commencing 10th of May 2010."
It is not denied on behalf of the petitioners that they have already vacated the premises. Accordingly, the cause in this petition does not survive.
For the reasons above, this petition is dismissed. Order Date :- 10.5.2010 AK