Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3952 of 2018 Petitioner :- Shri M.V. Narayan And Another Respondent :- Shri Mahipal Sharma Counsel for Petitioner :- Ranjit Saxena
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. This petition has been filed prayed for a direction to the District Judge, Ghaziabad to decide the SCC Suit No. 05 of 2002 (Sri M.V. Narayanan and another Vs. State) pending before him since 2002.
2. Plaintiff-petitioners filed SCC Suit No. 05 of 2002 praying for arrears of rent and for eviction of the tenant and also made a prayer for damages. The said suit is pending before the learned Trial Court since 2002.
3. It has come out from the pleadings on record that initially the Judge, Small Causes Court had rejected the suit for ejectment by its order dated 11.08.2005. Against the said order the plaintiff-landlords, petitioners herein, filed Civil Revision No. 380 of 2005, which was decided in their favour on 17.09.2014 and the order passed by Judge, Small Causes Court dated 11.08.2005 was set aside and the matter was remanded to the learned Court below to decide afresh expeditiously.Since the remand of the matter in September, 2014 repeated adjournments have been sought on behalf of the tenant. A copy of the order sheet has been filed, which shows that dates have been fixed almost every month and sometimes twice a month for disposal of the said suit, but it continues to be pending.
4. Accordingly, this petition is disposed off with a direction to the learned Trial Court to decide the Suit No. 05 of 2002 (Sri M.V. Narayanan and another Vs. State) pending before him within a period of three months from the date a certified copy of this order is produced before him without giving unnecessary adjournments to either side.
Order Date :- 29.5.2018 LBY