Court No. - 24 Case :- RENT CONTROL No. - 63 of 2010 Petitioner :- Mahesh Chandra @ Mahesh Kumar And Ors. Respondent :- Additional District Judge Faizabad And Ors. Petitioner Counsel :- Sanjay Tripathi Respondent Counsel :- C.S.C.,Manish Kumar Hon'ble Rajiv Sharma,J.
Supplementary affidavit filed by the petitioners is admitted to record.
Learned Counsel for the petitioners submits that in the year 1999, an
ejectment Suit/ application [P.A. Case No.1 of 1999] was filed by the
opposite party No.1 against the father of the petitioners before the
Prescribed Authority which was allowed by the judgment and order
dated 31.10.2008. Subsequently, the father of the petitioners filed an
appeal in the year 2008 which is pending disposal. On 19.4.2010, an
application supported by an affidavit alongwith the documentary
evidence proposed by the appellants/petitioners was moved before the
opposite party No.1 to permit them to produce the evidence, which was
rejected by the impugned order dated 21.4.2010.
Petitioners’ Counsel submits that he does not want to press the reliefs
claimed in the writ petition, but restricts his prayer to the extent that the
application filed on 19.4.2010 may be taken on record, to which learned
Counsel for the opposite parties submits that he has no objection, in
case it is taken on record, but prays that the appeal may be directed to
be decided at the earliest.
In view of above, the impugned order 21.4.2010 passed by the opposite
party No.1 is quashed and the Appellate Authority is directed to take the
application on record and the decide the appeal on merits, in
accordance with law, latest by 30.9.2010.
The writ petition stands allowed in above terms.
Order Date :- 10.5.2010
lakshman