Allahabad High Court High Court

Kishan Kumar And Another vs Smt. Ram Kumari Devi And Another on 10 May, 2010

Allahabad High Court
Kishan Kumar And Another vs Smt. Ram Kumari Devi And Another on 10 May, 2010
Court No. - 7

Case :- WRIT - A No. - 24718 of 2004

Petitioner :- Kishan Kumar And Another
Respondent :- Smt. Ram Kumari Devi And Another
Petitioner Counsel :- O.P. Singh
Respondent Counsel :- Vinod Swaroop,S.C.,Vidya Prakash Singh

Hon'ble Devendra Pratap Singh,J.

Heard learned counsel for the parties.

The following order was passed on 26.4.2010:

“This petition by the occupier is against the order declaring vacancy
wherein an interim order is operating with the condition that the
proceedings for release may go on but the petitioner shall not be
evicted.

An application no.101326 of 2010 has been filed stating that the
release was allowed on 9.7.2004 and now both the petitioners have
vacated the premises and are living on 108/24 P. Road, Kanpur and
108/09 P.Road, Kanpur.

Let a counter be filed by the next date, or else the petition may be
considered on merits.

List in the week commencing 10th of May 2010.”

It is not denied on behalf of the petitioners that they have already
vacated the premises. Accordingly, the cause in this petition does not
survive.

For the reasons above, this petition is dismissed.

Order Date :- 10.5.2010
AK