Court No. - 5
Case :- WRIT - A No. - 11516 of 2019 Petitioner :- Sanjeev Tiwari And 2 Others Respondent :- Kishan Lal Chhabra And Another Counsel for Petitioner :- Kamlesh Kumar Tiwari
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri K. K. Tiwari, learned counsel for the defendants- appellants/petitioners.
This writ petition under Article 226 of the Constitution of India has been filed praying to quash the order dated 20.05.2019, passed by the Additional District Judge, Court No.01, Jhansi, in Rent Control Appeal No.27 of 2018 (Rajiv Tiwari & Others Vs. Kishan Lal & thers) whereby the application No. 13 C for issue of commission has been rejected.
Learned counsel for the petitioner submits that issue of Commission for local inspection is necessary in the case but the appellate court has illegally rejected the application 13 C.
I have carefully considered the submissions of learned counsel for the petitioners.
In the impugned order dated 20.05.2019, the appellate court has recorded clear finding that there is no ambiguity in the affidavit filed by the parties and that photographs of the house in question were filed by the plaintiffs- respondents by list 38 C which have not been denied or disputed by the appellants. Briefly on these facts and findings the appellate court came to the conclusion that there is no need to issue a Commission for local inspection.
I do not find any error of law in the impugned order of the appellate court. Therefore, the impugned order dated 20.01.2019 can not be interfered with.
For all the reasons aforestated, I do not find any merit in this petition. Consequently, petition fails and is hereby dismissed.
It is, however, observed that the appellate court shall decide the aforesaid Rent Appeal in accordance with law, expeditiously, preferably within six months from today, without granting any unnecessary adjournment to either of the parties.
Order Date :- 26.7.2019/vkg