Triloki Nath And Another vs The Additional District Judge ...
2023 Latest Caselaw 7388 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 22
 

 
Case :- WRIT - A No. - 1000126 of 2013
 

 
Petitioner :- Triloki Nath And Another
 
Respondent :- The Additional District Judge Court No.17 Lko.Andors.
 
Counsel for Petitioner :- Manju Nagaur,Manju Nagaur
 
Counsel for Respondent :- Manish Kumar,Virendra Mishra
 

 
Hon'ble Manish Mathur,J.

Heard Ms. Manju Nagaur learned counsel for petitioner and Mr. Virendra Mishra learned counsel for opposite party No.3. Opposite parties 1 and 2 are merely proforma parties.

Petition has been filed challenging judgment and order dated 25th April, 2013 passed in P.A. case No.32 of 2011 filed by opposite party No.3 under Section 21(1)(a) of U.P. Act No.13 of 1972 whereby application under the aforesaid section has been allowed. Appellate order dated 27th September, 2013 passed in Rent Appeal No. 38 of 2013 is also under challenge.

Learned counsel for petitioner submits that opposite party No.3 being the land lord had filed two proceedings with the present one under Section 21 of the said Act and another under Section 20 of the Act for arrears of rent and ejectment which was registered as SCC Suit No. 98 of 2006 which culminated in filing of writ petition No. 4882 of 2022, which has been disposed of by means of order dated 21.12.2022 whereunder on the basis of instructions, time has been granted to the petitioner/tenant for vacating the premises in question within a period of six months and undertaking to that effect has also been given by the petitioner in the said proceedings. As such it is submitted that present petition may also be disposed of in terms of said undertaking.

Mr. Virendra Mishra learned counsel for opposite party No.3 does not dispute the aforesaid facts.

In view of aforesaid, the present petition is also disposed of in terms of directions dated 21.12.2022 passed in writ petition No. 4882 of 2022.

Order Date :- 14.3.2023

prabhat