Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 5667 of 2019 Petitioner :- Smt. Meera Devi Gupta Respondent :- The Court Of Additional Judge, Kanpur Nagar And 10 Others Counsel for Petitioner :- Ravikant Shukla
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the plaintiff-petitioner.
This petition has been filed for a direction to the Court of Additional Judge Small Causes Court, Kanpur Nagar, to decide Rent Case No.07 of 2013 (Smt. Meera Devi Gupta Vs. Monu and others) within a short stipulated period. Perusal of the copy of the order sheet filed as Annexure 3 to the petition shows that despite there being an order dated 16.01.2015 in Writ - A, No.779 of 2015 (Smt. Meera Devi Gupta Vs. Prescribed Authority/Additional Judge & 10 Ors.) for disposal of the aforesaid P.A. Case, expeditiously, preferably within one year, the court below could not dispose of it mainly because of delaying tactics regularly adopted by the defendants.
As per order sheet the case appears to be at the final stage. Expeditious disposal of Rent Cases is statutory mandate as reflected from the provisions of Rule 15(3) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972, which provides that as far as possible the rent cases should be decided within two months from the date of its presentation. More than six years have passed but the aforesaid Rent Case No.07 of 2013 could not be decided by the court below due to obstruction being created by the defendants.
In view of the aforesaid, this petition is disposed of providing that the concerned court below shall decide the aforesaid Rent Case in accordance with law, very expeditiously, preferably within six months from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties. In the event either of the parties seek any adjournment and the court below finds that it may be granted then it shall not be granted without imposing cost of not less than Rs.2000/-.
Order Date :- 26.7.2019/vkg