M/S Mahendra Engineering Works vs Ram Prakash Kapoor
2012 Latest Caselaw 3281 ALL

Citation : 2012 Latest Caselaw 3281 ALL
Judgement Date : 27 July, 2012

Allahabad High Court

M/S Mahendra Engineering Works vs Ram Prakash Kapoor on 27 July, 2012

Bench: Prakash Krishna




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- CIVIL REVISION No. - 538 of 2001
 
Petitioner :- M/S Mahendra Engineering Works
 
Respondent :- Ram Prakash Kapoor
 
Petitioner Counsel :- D. Narayan,B.K. Narain,B.N.Agarwal,K.K.Dubey
 
Respondent Counsel :- D.P. Singh,A K Narain,Aashish Srivastava,Manish Goyal,P.K. Dubey,R.C.Srivastava,R.K. Khanna,Ram Kaushik,S.C.Tiwari,S.K.Dwivedi
 

 
Hon'ble Prakash Krishna,J.

Heard the learned counsel for the parties.

This is an application to recall the order dated 5th December, 2011 dismissing the revision in default.

Learned counsel for the opposite party submits that the applicant is in habit of getting the revision dismissed in default and then get it restored. It was stated that the revision was dismissed in default on 17.4.2007 but was restored on 23.5.2007.

Second, it was dismissed in default on 6.11.2008 and was restored on 22.5.2009.

Third, it was dismissed in default on 18.1.2011 and was restored on 1.3.2011.

Fourth, it was dismissed in default on 5th December, 2011.

Having heard the learned counsel for the applicant, I do not find any good ground to recall the order dated 5th December, 2011. It appears that leniency shown by the Court on earlier occasions in restoring the revision has not been properly understood by the applicant. It appears that the applicant is taking court proceedings just for ride. There is absolutely no justification to recall the order dated 5th December, 2011.

It may be placed on record that the suit was filed in the year 1994 for eviction which was decreed on 16th November, 1996. In such matters, the tenant generally adopts such type of delaying tactics. It is one of that case.

Application is rejected.

Executing Court is directed to execute the decree forthwith without any delay and see that the possession is delivered to the plaintiff/decree holder within a period not later than three months from the date of production of certified copy of this order before it. The executing court shall inform about compliance of this order to the concerned District Judge.

(Prakash Krishna,J)

Order Date :- 27.7.2012

MK/