Allahabad High Court
Amir Alam Khan vs Lucknow Development Authority Thorugh ... on 2 February, 2010
Author: Sunil Ambwani
Bench: Sunil Ambwani
Court No. - 4 Case :- FIRST APPEAL No. - 97 of 2009 Petitioner :- Amir Alam Khan Respondent :- Lucknow Development Authority Thorugh Its Secy. Chandra Bose Petitioner Counsel :- Mohd. Aslam Khan Respondent Counsel :- Manish Chaudhary,B C Agrawal,B K Saxena,Jaspreet Singh,Pankaj Srivastava,Vishwash Saraswat Hon'ble Sunil Ambwani,J.
Hon'ble Dr. Satish Chandra,J.
Yesterday we noticed the orders of Hon'ble Supreme Court dated 09.4.2009 giving directions to us to decide the matter without giving any adjournment. The Supreme Court has given clear directions that the matter shall be decided within the month of December, 2009. The Supreme Court has directed that no adjournment shall be asked for or given and that the appeal shall be disposed of within the month of December, 2009. We also noticed that the matter was nominated to one of us (Hon. Sunil Ambwani, J.) on 4.1.2010.
An adjournment was sought on the ground that the matter will be argued by Shri V.K.S. Chowdhary, Sr. Advocate. We had declined to adjourn the matter and proceeded with the hearing. Shri Prashant Chandra, Sr. Advocate assisted by Shri Jaspreet Singh placed the facts and made submissions on merits. Since the argument could not conclude, the matter has come up today as part heard matter for further hearing. Shri V.K.S. Chowdhary, learned Senior Advocate has appeared on behalf of the appellant. He has placed before us the sale deed executed by M/s Narendra Nagar Cooperative Housing Society Ltd. Lucknow on 2.12.2005 in favour of Smt. Yasha Sharma daughter of Shri Govind Prasad Sharma and wife of Justice Rajeev Sharma. After placing the sale deed he requests that the matter should be heard at Allahabad.
We do not find any justification to adjourn the matter. The Supreme Court has directed to decide the matter and thus we are proceedings with the hearing. The prayer for adjournment is rejected. The jurisdiction to transfer the matter to Allahabad is vested in Hon'ble the Chief Justice. We do not find that the request to transfer the matter can be a ground for adjournment of this appeal at this stage.
We heard the arguments of Sri V.K.S. Chowdhary for about one hour and 45 minutes. The cause list printed earlier shows that we are sitting in different Benches after lunch.
Put up tomorrow i.e. 03.02.2010 to be taken up the matter at 10.15 A.M. We expect that Mr. Chowdhary will conclude his arguments within half-an- hour.
Order Date :- 2.2.2010 SP/