Court No. - 7 Case :- WRIT - A No. - 46571 of 1999 Petitioner :- Fazlur Rehman Respondent :- The D.J., Kanpur Nagar & Others Petitioner Counsel :- S.M.A. Kazmi Respondent Counsel :- C.S.C. Hon'ble Ran Vijai Singh,J.
This writ petition has been filed by the petitioner for issuing a writ
of certiorari quashing the order dated 29-5-1999 by which the
learned District Judge, Kanpur Nagar had issued notice on the
application under Section 5 of the Indian Limitation Act for
condoning the delay in filing the Appeal under Section 22 of the
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and
Eviction) Act, 1973.
Counter affidavit was called for in this writ petition at the initial
stage in the year 1999 but no counter affidavit has been filed.
Sri M.A. Qadeer, learned counsel for the respondents states that
the writ petition appears to have become infructuous by efflux of
time. However, both the parties are not aware about the present
status of the Misc. Appeal filed under Section 22 of the Uttar
Pradesh Urban Buildings (Regulation of Letting, Rent and
Eviction) Act No.13 of 1972.
It appears that by now application under Section 5 of the Indian
Limitation Act must have been decided.
In view of that list this case in the next cause list peremptorily.
Parties are directed to inform the Court about the current status of
the Appeal.
Order Date :- 1.2.2010
Ak