Disposed

Naresh Chandra Sharma v. Additional District and Sessions Judge /F.T.C NO.4, Bulandshahar and 4 Others

Allahabad HC1 May 2018A227/3037/2018

Case brief

AI extract

What is this about?

Petitioner landlord sought directions to enforce expeditious disposal of a pending appeal arising from a claim for shop possession. Court directed the District Judge to decide the appeal within three months.

What did the court decide?

Direction to the learned District Judge to decide the appeal as expeditiously as possible within a period of three months from the date of producing a certified copy of the order.

Naresh Chandra Sharma Vs Additional District and… — Landlord and Tenant | Allahabad HC (2018)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 3037 of 2018

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Petitioner :- Naresh Chandra Sharma Respondent :- Additional District And Sessions Judge /F.T.C No.4, Bulandshahar And 4 Others Counsel for Petitioner :- Amit Saxena

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Hon'ble Mrs. Sangeeta Chandra,J.

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This petition has been filed praying for a direction to the learned Additional District & Sessions Judge/Fast Track Court No. 4, Bulandshahr to decide the Appeal No. 1 of 2015 (Smt. Dinesh and others vs Naresh Chandra Sharma) within a time period stipulated by this Court.

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Learned counsel for the petitioner submits that the landlord-petitioner had filed an application under section 21 (1) (a) of the U.P. Act No. 13 of 1972 for release of shop, which was registered as U.B. Case No. 3 of 2008 (Naresh Chandra Sharma vs Surendra Giri). The Prescribed Authority allowed the application by its judgment and order dated 15.01.2015 directing release of shop in question by the tenant-respondents within two months. The tenant-respondent preferred an Appeal under section 22 of the Act before the District Judge, Bulandshahr on 21.01.2015 and since 2015, the appeal has been pending disposal.

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Learned counsel for the petitioner submits that he has filed a copy of the order sheet, which shows that once the matter was heard finally on 05.09.2016 and the matter was put up for judgment on 09.09.2016. It continued to be fixed for judgment thereafter. Several dates were fixed. Later on fixed for rehearing.

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Now the matter is being heard on various dates that have been fixed by the learned Additional District Judge, but it has not yet been finally decided.

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From a perusal of the order sheet, it appears that the arguments have been continuously heard in

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the matter for the past almost two years on various dates such dates being fixed almost twice a month, but the arguments have not been concluded. The last such date fixed was on 05.03.2018 for hearing the remaining arguments.

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Learned counsel for the petitioner-landlord submitted that the tenant-respondent is still enjoying the possession of the shop in question, although the same was directed to be released on grounds of genuine and bona fide need by the Prescribed Authority. The landlord cannot prefer any Execution Application during the pendency of the appeal and is suffering while the tenant is enjoying the disputed premises.

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Accordingly, this petition is disposed of with a direction to the learned District Judge to decide the appeal as expeditiously as possible say within a period of three months from the date a certified copy of this order is produced before him, without giving any unnecessary adjournments to either of the parties.

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Order Date :- 1.5.2018 Sazia

Naresh Chandra Sharma v. Additional District and Sessions Judge /F.T.C NO.4, Bulandshahar and 4 Others

Case brief

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Naresh Chandra Sharma v. Additional District and Sessions Judge /F.T.C NO.4, Bulandshahar and 4 Others

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