Disposed

Raju Sharma v. Ajay Kumar Gupta and Another

Allahabad HC26 Oct 2021A227/5558/2015

Case brief

AI extract

What is this about?

This Single Judge Court disposed of two writ petitions under Article 227. It directed the tenant to file a written statement and ordered the Small Causes Court to decide the underlying suit within six months on a week-to-week basis to expedite the process.

What did the court decide?

Tenant directed to file written statement; Small Causes Court directed to dispose suit in 6 months with weekly hearings.

Raju Sharma Vs Ajay Kumar Gupta and Another — Landlord and Tenant | Allahabad HC (2021)

¶1

Court No. - 69

¶2

Case :- MATTERS UNDER ARTICLE 227 No. - 5558 of 2015

¶3

Petitioner :- Raju Sharma Respondent :- Ajay Kumar Gupta And Another Counsel for Petitioner :- Prakhar Tondon Counsel for Respondent :- Manish Tandon

¶4

Connected with

¶5

Case :- MATTERS UNDER ARTICLE 227 No. - 4897 of 2017

¶6

Petitioner :- Ajay Kumar Gupta Respondent :- Judge Small Causes Court And 2 Others Counsel for Petitioner :- Manish Tandon

¶7

Hon'ble Shekhar Kumar Yadav,J.

¶8

The writ petition no. 5558 of 2015 has been filed by the petitioner/tenant to give an opportunity to the petitioner to file written statement and the writ petition no. 4897 of 2017 has been filed by the plaintiff/petitioner for issuing a direction to the learned Judge, Small Causes Court Kanpur Nagar to decide the S.C.C. Suit No. 60 of 2012 (Ajay Kumar Gupta Vs. Ram Kishore Sharma and others within the stipulated period.

¶9

Heard learned counsel for the parties and perused the record.

¶10

Learned counsel for the plaintiff/petitioner submits that the tenant has occupied the property in question since a long time and he is paying the rent of Rs. 15/per month. He further submits that the evidence has been concluded by the petitioner while the tenant is not being appeared for evidence.

¶11

Considering the facts and circumstances of the case, the writ petition 5558 of 2015 is disposed of directing the tenant to file written statement in S.C.C. Suit No. 60 of 2012.

¶12

The writ petition no. 4897 of 2017 is disposed of directing the court below concerned to decide the S.C.C. Suit No. 60 of 2012 (Ajay Kumar Gupta Vs. Ram Kishore Sharma and others), provided that the matter be heard on week to week basis and the hearing be completed within a period of six months from the date of presentation of a certified copy of this order, if there is no legal impediment. No unnecessary adjournment shall be granted by the court and if the adjournment is taken by either of the parties, the court below shall impose heavy cost upon the parties.

¶13

With these observation both the writ petition are disposed of.

¶14

Order Date :- 26.10.2021/A.

Raju Sharma v. Ajay Kumar Gupta and Another

Case brief

What is this about?

What did the court decide?

Raju Sharma v. Ajay Kumar Gupta and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Navab Julaha Vs State of U.P.

Smt.Rajkumari Vs Om Prakash and 2 Others

Vijay Kumar Vs Sneh Lata and Another

Smt. Meera Devi Vs Smt. Kiran Mehrotra

Mr. Jayant Juneja and 2 Others Vs Maya Sheel Retail Llt and Another

Devta Prasad Tiwari Vs Man Mohan Pandey