Disposed

Rakesh Kumar Seth v. Additional District and Sessions JUDGE,06, Lucknow and Another

Allahabad HC13 May 2024A227/2308/2024

Case brief

AI extract

What is this about?

A writ petition challenging the condonation of delay in filing a rent appeal. The High Court noted prima facie negligence in the order impugned and granted a stay on the impugned proceedings until the next date of listing.

What did the court decide?

Stay on the proceedings of the Misc. Case and appeals pending before the Additional District Judge, Lucknow, till next date of listing.

Rakesh Kumar Seth vs Additional District… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 17

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Case :- MATTERS UNDER ARTICLE 227 No. - 2308 of 2024

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Petitioner :- Rakesh Kumar Seth

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Respondent :- Additional District And Sessions Judge,06, Lucknow And Another

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Counsel for Petitioner :- Vikas Vikram Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner.

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Issue notice to opposite party No.2. Notice to opposite party No.1 being merely proforma in nature, stands dispensed with.

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Petition has been filed challenging order dated 27th March, 2024 passed in Misc. Case No. 485 of 2019 whereby delay in filing rent appeal against the judgment and order dated 23rd September, 2008 has been condoned.

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It has been submitted that opposite party No.2 had earlier initiated P.A. Case No.22 of 2004 pertaining to be property in question which was connected with other two P.A. cases with all of them being decided vide judgment and decree dated 23rd September, 2008 on the basis of compromise effected between the parties. It has been submitted that after the compromise came into effect, the opposite party No.2 was restrained from initiating any action pertaining to eviction from the property which was subject matter of P.A. Case No. 22 of 2004. It is submitted that subsequently in 2010, the opposite party No.2 initiated S.C.C. Case No.0900093 of 2010 against the petitioner pertaining to same property. The said case was dismissed vide judgment and order dated 26th August 2016, which attained finality and whereafter the present rent appeal has been filed after more than 10 years along with an application for condonation of delay.

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It has been submitted that the delay has been condoned without adverting to the aforesaid facts particularly the fact that P.A. case No. 22 of 2004 had been decided on the basis of compromise which has not been challenged in any other proceeding and that there was no cogent explanation for a delay of 10 years in filing rent appeal.

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Prima facie submissions advanced by learned counsel for petitioner have force and require consideration.

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List this case on 8th July, 2024.

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Till next date of listing, proceedings of Misc. Case No. 485

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of 2019 or after having been converted into rent appeal pending before the court of Additional District Judge, 6th, Lucknow shall remain stayed.

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Order Date :- 13.5.2024 prabhat

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Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar Seth v. Additional District and Sessions JUDGE,06, Lucknow and Another

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Seth v. Additional District and Sessions JUDGE,06, Lucknow and Another

Case brief

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