Court No. - 7 Case :- WRIT - A No. - 46333 of 2010 Petitioner :- Govind Prasad Agrawal Respondent :- Laxmi Kant Jha Petitioner Counsel :- Piyush Shukla,Pratyush Shukla Hon'ble Devendra Pratap Singh,J.
Heard learned counsel for the petitioner and perused the record.
It appears that the respondent-landlord filed a Rent Case No.19 of 2001
against the petitioner-tenant for release of the disputed accommodation under
section 21 (1) (a) of U.P. Act No. XIII of 1972. After contest, the release
application was allowed vide order dated 10.11.2005 against which the
petitioner-tenant preferred an appeal no.97 of 2005 where an interim order
was passed. However, several dates in the matter were fixed for hearing, but
except for getting the interim order extended, the petitioner was not prepared
for argument and went on to change counsel and moving different
applications. Thus, by the impugned order dated 27.7.2010, the learned
Additional District Judge hearing the appeal, has fixed 17.8.2010 for hearing
after rejecting the application for adjournment and for certain additional
evidence.
Having perused the order, the court is not inclined to exercise its discretionary
power under Article 226 of the Constitution of India as the reason on the facts
given by the courts below is fully justified.
Accordingly, the writ petition is dismissed.
Order Date :- 6.8.2010
AU