Under Article 227, the Court directed the Trial Court to decide Rent Case No. 50 of 2017 expeditiously within six months, fixing short dates and imposing heavy costs for adjournments.
Direction to decide Rent Case No. 50 of 2017 within six months, fixing short dates and imposing heavy costs for unjustified adjournments.
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Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 6181 of 2021 Petitioner :- Chandra Sekhar Gupta Respondent :- Mahesh Prasaad Gupta And 3 Others Counsel for Petitioner :- Iqbal Ahmad
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner.
The only prayer made in this petition is to issue a suitable direction upon the Trial Court/Civil Judge (Senior Division), Kanpur Nagar/Prescribed Authority to decide Rent Case No.50 of 2017 (Chandra Shekhar vs. Mahesh Prasad and others) under Section 21 (1) (b) of U.P. Rent Act No.13 of 1972, within a stipulated period as may be fixed by this Court.
Learned counsel for the petitioner has submitted that the pleadings are completed in the above mentioned rent case and now the matter is at the stage of evidence.
Perused the record and the order sheet of the court below.
Considering the facts and circumstances of the case and submissions made, the writ petition is disposed off directing the Trial Court/Civil Judge (Senior Division), Kanpur Nagar/Prescribed Authority to decide Rent Case No.50 of 2017 (Chandra Shekhar vs. Mahesh Prasad and others) under Section 21 (1) (b) of U.P. Rent Act No.13 of 1972 pending before it, expeditiously, in accordance with law, within a period of six months from the date of presentation of a certified copy of this order by fixing short dates and without granting unnecessary adjournments to either of the parties, if there is no other legal impediment. If the adjournment is sought by either of the parties, the court below shall impose heavy cost upon the parties.
It is made clear that this Court has not expressed any opinion on merits of the case and it is for the concerned authorities to decide the same in accordance with law.
Order Date :- 9.11.2021
Ajeet
1 issue framed by the court
Whether to issue a direction to the Trial Court to decide the pending rent case expeditiously under Article 227 read with Section 21(1)(b) of U.P. Rent Act No. 13 of 1972.
2 provisions across 2 enactments
Chandra Sekhar Gupta
Mahesh Prasaad Gupta
3 Others
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
