Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 133 of 2019 Petitioner :- Smt. Bhulkhan(Now Deaceased) And 10 Others Respondent :- Kanpur Development Auhtority Kanpur Nagar Counsel for Petitioner :- Kirti Kumar Nirkhi Counsel for Respondent :- Pradeep Kumar Tripathi
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and learned counsel appearing for the respondent.
This writ petition has been filed challenging the order dated 11.10.2018 passed by learned Additional District Judge-12th, Kanpur Nagar in Misc. Case No. 1124/74 of 2017.
By the impugned order, the restoration application filed by the petitioner has been rejected on the ground that the medical certificate issued to the petitioner is a back dated document.
Learned counsel for the petitioners has Placed reliance on the judgement passed by Hon'ble Apex Court in the case of Pralhad Shankarrao Tajale and Others Vs. State of Maharashtra and Anoter reported in 2018 All. C.J. 1232.
Submission of learned counsel for the petitioners is that restoration application could not be dismissed on the ground of delay.
Although, I completely agree with findings recorded by the lower Appellate Court while rejecting the restoration application, however, in the interest of justice one opportunity is granted to the petitioners to contest the appeal on merits.
Accordingly, in the larger interest of justice, the impugned order dated 11.10.2018 is set aside, however, with the direction to the lower Appellate Court to decide the appeal itself preferably within a period of two months without granting any unnecessary adjournment either on day to day basis or by fixing short dates as the suit is of the year 1986 and appeal is also pending since the year 2000 as the petitioners are allegedly in occupation of the land belonging to the Kanpur Development Authority.
With the aforesaid directions the writ petition is disposed of, however with cost of Rs. 10,000/- in favour of the respondent-Kanpur Development Authority to be deposited within a period of one month in the court below.
It is further made clear that in case the petitioners seek any adjournment, the same, after two adjournments, shall be granted on payment of cost of not less than Rs. 5,000/- per adjournment and with increasing number of adjournments the cost shall also be increased.
Order Date :- 29.1.2019 Mohit Kushwaha