Sanjay Mehrotra And 2 Ors. vs Anoop Kumar
2013 Latest Caselaw 3840 ALL

Citation : 2013 Latest Caselaw 3840 ALL
Judgement Date : 8 July, 2013

Allahabad High Court

Sanjay Mehrotra And 2 Ors. vs Anoop Kumar on 8 July, 2013

Bench: Rajes Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 35660 of 2013
 

 
Petitioner :- Sanjay Mehrotra And 2 Ors.
 
Respondent :- Anoop Kumar
 
Counsel for Petitioner :- Vinod Swarup
 

 
Hon'ble Rajes Kumar,J.

This is the writ petition filed by the landlord of the premises in dispute in which the respondent is the tenant.

It appears that the petitioners filed a suit being suit no. 1232 of 1996 for ejectment. In the said suit, a preliminary objection has been raised by the defendant-tenant that the suit is barred by the provisions of U.P. Act No. 13 of 1972 and moved an application to decide the issue as a preliminary issue before proceeding with the suit. The said application has been rejected by the trial court vide order dated 12.5.2006 against which civil revision filed by the tenant has been rejected vide order dated 1.7.2006. Being aggrieved, the respondent-tenant filed writ petition no. 43075 of 2006 which has been entertained and the proceeding before the trial court has been stayed. This writ petition is pending.

It appears that the petitioners have filed a release application under Section 21 of Act No. 13 of 1972, which has been allowed by the trial court against which the tenant filed an appeal which has been allowed by the impugned order dated 20.5.2013 and remanded back the matter to the trial court, which is being challenged in the present writ petition.

Learned counsel for the petitioners submitted that in a present fact and situation his clients want to withdraw the original suit no. 1232 of 1996 and, therefore, the writ petition no. 43075 of 2006 be disposed of accordingly and thereafter the present case may be heard.

The Writ Petition no. 43075 of 2006 is being filed by Sri K.K. Arora, Advocate. He is present today in the Court. He requested that the matter may be listed after two weeks to enable him to seek instruction from his client.

List in week commencing 22.7.2013 along with Writ Petition No. 43075 of 2006 giving the complete particulars of the case.

Order Date :- 8.7.2013