Court No. - 43
Case :- WRIT - A No. - 9684 of 2021 Petitioner :- Arvind Kumr Pandey And Another Respondent :- Smt. Ankush Devrani Counsel for Petitioner :- Virendra Kumar
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners.
The petitioners have approached this Court aggrieved by the order dated 03.03.2021 passed by the Prescribed Authority / Judge, Small Cause Court, Saharanpur in P.A Case No.39 of 2014, Ankush Devrani Vs. Arvind Kumar Pandey and another, whereby his application for amendment in the objection filed against the release application was rejected by the court below.
Learned counsel for the petitioners submitted that the amendment application was made to bring on record the fact that defendant-petitioners did not get any alternative accommodation despite best efforts.
The court below has rejected the application on the ground that the case is being listed for hearing and in the case only the bona fide need of the landlord and comparative hardship of parties is to be considered. The amendments prayed are not germane to the issue under consideration.
Learned counsel for the petitioners has submitted that due to mistake this plea could not be taken up. It may be left open for the petitioners to raise such a plea in case P.A. Case No. 39 of 2014 is ultimately decided against the petitioners and in case the petitioners challenge such a decision before the appellate authority. .
The order impugned does not call for any interference. The writ petition is dismissed.
However, it is open for the petitioners to raise this plea, which is taken up in the amendment application, in appeal, if filed, by the petitioner before the Appellate Court.
Order Date :- 24.8.2021 SKT/-