VIJAI KUMAR SRIVASTAVA Vs. AWADHESH KUMAR SRIVASTAVA

JUDGEMENT

(1.) Heard Sri Atul Dayal, learned Counsel for the petitioner and Sri R.K. Saxena, learned Counsel for the respondent. Sri R.K. Saxena, learned Counsel has filed vakalatnama on behalf of the respondent, which is taken on record.

(2.) By means of the present writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 16.9.2014 and 8.10.2014 passed by the learned Additional District Judge, Court No. 24, Kanpur Nagar in Rent Appeal No. 121/2011, Vijai Kumar Srivastava v. Awadhesh Kumar Srivastava, by which the petitioner's application dated 8.10.2014 filed under Order XLI, Rule 27 of the Code of Civil Procedure, 1908 ('C.P.C.', in short) read with Rule 22(f) of the U.P. Act No. 13 of 1972 has been rejected on the ground that the petitioner is habitual of filing application after application under Order XLI, Rule 27 of the C.P.C. with a view to delay the disposal of the appeal.

(3.) Earlier, on 16.4.2014, another application filed by the petitioner under Order XLI, Rule 27 of the C.P.C., which was allowed after imposing a cost of Rs. 250/- with the observation that no further fresh evidence shall be taken on record and in case any such application is filed, the existing interim order shall be vacated.