Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 128 of 2018 Petitioner :- Ganga Saran Katiyar Respondent :- M/S Sun Beems Dry Cleaners And Ors Counsel for Petitioner :- Atul Dayal,J.P.Singh Counsel for Respondent :- Manish Tandon,Mukesh Tandon,Somesh Khare Hon'ble Vivek Kumar Birla,J.
Heard Sri Atul Dayal, learned counsel for the petitioner and Sri Manish Tandon, learned counsel appearing for the respondent- tenant.
Present petition has been filed for setting aside the order dated 26.2.2009 passed by Additional District Judge, Court No. 15, Kanpur Nagar in SCC Revision No. 62 of 2008 (M/s Sun Beem Dry Cleaners and others vs. Ganga Sharan Katiyar).
Relevant facts of the case in brief are that SCC suit was allowed by the trial court and thereafter, the revision filed by the tenant was allowed and the matter was remanded back on the ground that certain evidence has not been considered by the trial court and therefore, a finding of fact has to be recorded by the trial court.
I have heard learned counsel for the parties at length.
Since the finding of fact has to be recorded by the trial court, I do not find any good ground to interfere in the order impugned herein.
The petition is accordingly dismissed.
However, in the facts and circumstances of the case that the suit is of the year 2003 it is provided that the trial court shall decide the same as provided by the lower revisional court preferably within a period of six months from the date of production of a certified copy of this order before him.
It is made clear that the trial court shall not be influenced by the fact that this court has dismissed the present petition against remand order.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 19.9.2018 Lalit Shukla