Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9855 of 2019 Petitioner :- Rajesh Awasthi Respondent :- Ram Shankar Shukla (Deceased) And 4 Others Counsel for Petitioner :- Ramesh Kumar Saxena
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner.
2. This petition has been filed, praying for a direction to be issued to respondent no.3 to decide execution proceedings, namely, Misc. Case no.1/23 of 2012 (Vidya Sagar Awasthi and others vs. Ram Shanker Shukla and others) along with connected Misc. Case nos.2/74 of 2014 and 4/74 of 2015, within a time period as is specified by the Court and also for a direction to respondent no.3 to pass orders for the respondent nos.1 and 2 to handover vacant and peaceful possession of the shop in dispute situated at House no.128/7, D-Block, Bhola Bhawan, Kidwai Nagar, Kanpur Nagar, to the petitioner.
3. It has been submitted by the learned counsel for the petitioner that the petitioner is the son of Late Vidya Sagar Awasthi, resident of the aforesaid house, and the father of the petitioner was the owner and landlord of the shop in question and had filed an application for release under Section 21(1)(a) of the U.P. Act No.XIII of 1972. The release application was allowed in favour of the landlord by the Prescribed Authority by its order dated 15.5.2000. The tenant Ram Shanker Shukla being aggrieved, preferred Rent Appeal No.54of 2000 before the District Judge, which was also dismissed by an order dated 6.10.2001. The tenant thereafter filed Writ Petition No.32644 of 2002 (Ram Shanker Shukla vs. VIth Additional District Judge and others) before this Court, which was eventually dismissed as abated by an order dated 3.5.2011. After dismissal of the writ petition, the father of the petitioner (now deceased) filed an application under Section 23 of the Act for execution of the order of release. During the pendency of the said application, legal heirs and representatives of Late landlord and Late tenant were brought on record and on the basis of a compromise entered into between the legal heirs of Late Vidya Sagar Awasthi, certified by the Court of Civil Judge (Senior Division), Kanpur Nagar in Case no.1271 of 2014, the shop in question fell into the share of the petitioner herein. Now, respondent no.1 has moved an application/objection under Section 47 of CPC for dismissal of the execution proceedings and alleged that he had already vacated the shop in question and handed it over to Smt. Susheela Awasthi, widow of Late Vidya Sagar Awasthi, who has let out the said shop to respondent no.2. Mohd. Zeeshan and is taken rent from him of Rs.2100/- per month. Mohd. Zeeshan has also filed a separate application for dismissal of the execution case. The execution proceedings have been stalled by various applications moved b y respondent nos.1 and 2. The petitioner is deprived of the benefit of the order passed by the Prescribed Authority dated 15.5.2000, against which, the rent appeal was dismissed and the writ petition was also abated.
4. Learned counsel for the petitioner has pointed out from the copy of the order sheet that although the case is being fixed almost every month before respondent no.3, it is being adjourned on one ground or the other. Now, the next date fixed in the matter is 20.12.2019.
5. This petition is disposed of with a direction to respondent no.3 to consider disposal of the execution case at the earliest, say within a period of three months from the date, a certified copy of this order is produced before the court concerned.
Order Date :- 18.12.2019 Sachin