Court No. - 7 Case :- WRIT - A No. - 33459 of 2010 Petitioner :- Mangli And Another Respondent :- District Judge, Kanpur Nagar And Others Petitioner Counsel :- Radhey Shyam Yadav Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioners and perused the record.
It appears that the respondent landlord preferred a Rent Case No. 3 of
2008 against the petitioner tenants for release of the disputed
accommodation. After contest the release application was allowed vide
order dated 18.8.2009 against which the petitioner preferred a belated
Appeal No. 166/70 of 2009 with a delay of 11 days alongwith a stay
application but since the delay was not condoned immediately, dates
are being fixed but in the mean time the respondent landlord has
preferred Execution Case No.12/23 of 2009 and despite application
made before both the courts below, no orders have been passed and
the execution court has rejected his application for stay.
In view of the aforesaid, the appellate court is directed to forthwith
dispose off the delay condonation application and stay application
before the petitioner is evicted from the disputed premises.
Subject to the aforesaid, the writ petition is finally disposed off.
Order Date :- 14.7.2010
PKG