Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 2782 of 2018 Petitioner :- Jaidev Chaturvedi And Another Respondent :- Nizam And 3 Others Counsel for Petitioner :- Ashish Kumar Srivastava
Hon'ble Mrs. Sangeeta Chandra,J.
This petition under Article 227 of the Constitution of India has been filed by the petitioner praying for a direction to be issued to the Prescribed Authority/Ist Additional Civil Judge (Senior Judge), Mathura to decide P.A. Misc. Case No. 7 of 2016 arising out of P.A. Case No. 9 of 2010 (Baldev Shastri Chaturvedi and others vs Nizam and others) pending before him since April, 2016.
Learned counsel for the petitioner-landlord has submitted that initially P.A. Case No. 9 of 2010 was filed by the petitioner-landlord, which was decreed in his favour on 12.03.2015. The tenant respondent filed an Appeal, which was disposed of on 22.09.2015 in terms of the compromise entered into between the parties, w.e.f. 21.10.2015, the petitioner-landlord is entitled to get damages at the rate of Rs. 1000/- per month from the tenant- respondent. He has already moved an application for delivery of vacant possession on 19.04.2016 registered as P.A. Misc. Case No. 7 of 2016, which is pending before the learned court below for the past two years. The application under section 23 of the Act and also the order sheet has been filed as annexures to the petition.
This Court finds from a perusal of the order sheet that on 16.12.2016, the tenant respondent had appeared through counsel, thereafter the matter has been listed almost every month, but till date it has not been disposed of.
Accordingly, this petition is disposed of with a direction to the learned court below to decide the said application under section 23 of the Act in accordance with law within a period of three months from the date a certified copy of this order is produced before him without giving any unnecessary adjournment to either of the parties.
Order Date :- 24.4.2018 Sazia