ANISA Vs. DISTRICT JUDGE KANPUR NAGAR

JUDGEMENT

(1.) THIS writ petition has been filed for issuance of a writ in the nature of mandamus commanding the District Judge to decide the appeal of the petitioner on day to day basis and for a direction to the respondents not to dispossess the petitioners from the premises in dispute.

(2.) A release application under section 21(1)(a) of U.P. Act no. 13 of 1972 ( for short the ' Act') was filed by the landlady respondent no.2 against the petitioners. The case was registered as Rent case No. 10 of 2007. The said suit was decreed by the Prescribed Authority by its judgement and decree dated 28.5.2011. Being aggrieved and dissatisfied with the said judgement and decree the tenant petitioners filed an appeal, being Rent Appeal No. 243/74 of 2011 and the said appeal is still pending before the appellate court.

(3.) CONSIDERING the facts and circumstances of the case and also the submissions of the learned counsel for the petitioners, this court feels that pendency of this writ petition will unnecessarily delay the proceedings pending before the appellate court and no useful purpose would be served by keeping the matter pending before this court. This writ petition is, therefore disposed of with a direction to the appellate court, where the aforementioned appeal (No. 243/74 of 201) is pending, to dispose of the stay application, if any, within a period of ten days from the date of production of a certified copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case and it will be an independent exercise of the court concerned to pass appropriate order in accordance with law.