Devendra Nath Mishra and Another v. Ravi Bajpayee

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 12669 of 2023 Petitioner :- Devendra Nath Mishra And Another Respondent :- Ravi Bajpayee Counsel for Petitioner :- Alok Tiwari Hon'ble Prakash Padia,J.

¶1The petitioners have preferred present petition inter-alia with the prayer to direct the District Judge, Pilibhit to decide P.A. Appeal No.04/2013 (Computerized Case No.092101005092013) (Ravi Bajpayee Vs. Devendra Nath Mishra and another) expeditiously.

¶2It is argued by Shri Alok Tiwari, learned counsel for the petitioners that P. A. Appeal No.04 of 20213 is pending consideration before the appellate court for last more than 10 years and 11 months. It is further argued that on various dates matter was fixed for final hearing and part of the hearing has already been concluded but till date no decision has been taken in the matter. It is further argued that law in this connection is well settled that the appeals specially the rent appeal should be decided expeditiously.

¶3It is clear from perusal of the order-sheet dated 22.11.2023 that the next date fixed for final hearing is 12.12.2023.

¶4In this view of the matter, the Court is of the opinion that it is a fit case for grant of relief as prayed for.

¶5In this view of the matter, without expressing any opinion on the merits of the issue since on various dates arguments were made, it is expected, that the court below namely Additional District/Sessions Judge, Court No.1, Pilibhit or before whom matter is pending will conclude the hearing of the case on

12.12.2023 itself. If on account of any reason hearing could not be concluded the court below is directed to conclude the hearing of the aforesaid case by fixing dates on day to day basis till

31.01.2024, if there is no legal impediment.

¶6The Registrar (Compliance) is directed to communicate copy of this order to the Additional District/Sessions Judge, Court No.1, Pilibhit or before whom matter is pending through District Judge, Pilibhit today itself. Order Date :- 11.12.2023 Pramod Tripathi High Court of Judicature at Allahabad