URMILA GUPTA Vs. RAMESH CHANDRA TRIPATHI

JUDGEMENT

(1.) RAKESH Sharma, J. This writ petition has been filed by the landlord-petitioner, in the month of December, 1999, assailing the judgment and order passed by the Additional District Judge, Hardoi dated 29. 9. 1999 and the same was admitted on 22. 12. 1999. This Court has directed in the order of admission itself that on the next date, i. e. February, 2000, this writ petition itself may be finally disposed of.

(2.) AN appearance has been put in by one Sri K. P. Tripathi on behalf of the respondents, whose name has been shown in the cause list. It is noteworthy that since 1999, this case has been listed on several dates, but till date, no counter-affidavit has been filed. On 4. 7. 2008, following order was passed by the Court:- "list revised. None is present for the opposite parties. However, learned counsel for the petitioner is present. Learned counsel for the petitioner states that none appears on behalf of the respondents on any of the dates, hence the ex parte arguments may be heard List in the week commencing 18th August, 2008 for ex parte hearing. "

(3.) SINCE no counter-affidavit has been filed for the last nine years, this Court has no option except to proceed with the matter and deliver its verdict. In the absence of counter-affidavit, the Court feels that the submissions made by the learned counsel for the petitioner in the writ petition stands unrebutted. Further, this Court has specifically mentioned in the order dated 22. 12. 1999 that the case shall itself be disposed on the next date, i. e. in the month of February, 2000 and even in the last order dated 4. 7. 2008 that the case shall be heard ex parte, if the learned counsel for the respondents does not appear.