AKHILESH SHARMA Vs. XI ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) R. H. Zaidi, J. By means of this petition filed under Article 226 of the Constitution of India, petitioners pray for issuance of writ, order or direction in the nature of certiorari quashing the order dated 13-9- 2000, whereby the application filed by the contesting respondents for recalling the order dated 9-4- 1997, has been allowed.

(2.) IT appeals that an application was filed under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, for short the Act by Respondent Nos. 3 to 6 for release of the shop in dispute. The said application was contested by the petitioners and the same was dismissed on 30-4- 1992. Challenging the validity of the said order, Respondent No. 2 filed an appeal before the Appellate Authority. During the pendency of the said appeal, certain affidavits were filed before the Appellate Authority by the said respondents. The affidavits of the said respondents were objected to by the petitioners. The said affidavits ultimately by order dated 9-4-1997 were directed not to be taken into consideration and to be excluded from the evidence. Long thereafter an application dated 16-3-1999 was filed by the contesting respondents for recalling the order dated 9-4-1997. The said application was objected to and opposed by the petitioners. The Appellate Authority, however, by the impugned order dated 13-9-2000, allowed the application filed by the contesting respondents and set aside the order dated 9-4-1997. Hence, the present petition.

(3.) WITH these observations and directions this petition stands finally disposed of. Petition disposed of. .