Allahabad High Court
M/S Ram Narayan Om Prakash And Another vs Amit Kumar on 23 July, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
Court No. - 33 Case :- WRIT - A No. - 42614 of 2010 Petitioner :- M/S Ram Narayan Om Prakash And Another Respondent :- Amit Kumar Petitioner Counsel :- Pankaj Agrawal Hon'ble Pankaj Mithal,J.
The dispute relates to shops no. 225 and 235 Mohalla Kanhaiya Lal, Agrasen Bazar, Ghaziabad. The petitioners are tenants. The respondent land lord applied for their release under Section 21 (1) (a) of the U.P. Act No. 13 of 1972. The release application was allowed by the prescribed authority on 8.5.2907. Against the said order petitioners rent appeal no. 61 of 2007 is pending before the Additional District Judge, Court No. 2. In writ petition no. 71091 of 2009 filed earlier between the parties arising from the aforesaid proceedings a direction was issued by this Court for expeditious disposal of the appeal. It appears that as repeated adjournments were being taken by the petitioners, the appellate court on 26.4.2010 vacated the interim order fixing date for final disposal of the appeal. However, since then petitioners have been moving repeated applications to the effect that they are ready and willing to argue the appeal on merits and in the meantime their eviction from the shops in dispute may be protected. However, neither the appeal has been decided nor any further interim order has been granted. Therefore, the petitioners have approached this Court by means of this writ petition seeking a direction to stay their dispossession from the shops in dispute till the above appeal is decided.
Undoubtedly, petitioners have earlier delayed the disposal contrary to the directions of this Court and the grant of interim protection or its continuation during pendency of the appeal is within the domain of the appellate court, nonetheless under the facts and circumstances as the appeal is pending consideration in which earlier interim protection was granted but withdrawn coupled with the fact that the petitioners are now ready to co-operate with the hearing of the appeal without causing any delay, I consider it appropriate to dispose of the writ petition with the direction to the appellate court to decide the appeal no. 61 of 2007 which is pending before it within a period of six weeks from the date of production of the certified copy of this order which the petitioners undertake to produce within a week preferably on the next date fixed and for a period of six weeks, the eviction of the petitioners from the shops in dispute pursuant to the order of release passed by the prescribed authority shall not take place.
Petition disposed of accordingly.
Order Date :- 23.7.2010 SKS