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2025 DAILYLAW 114216 (ALL)

ATUL KUMAR AGRAWAL S/O LATE CHHOTEY LAL AGRAWAL v. PRESCRIBED AUTHORITY II ADDL. JUDGE SMALL CAUSES and ORS.

WRIA/1000154/2010 · 2025-04-01

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18111 Court No. - 6 Case :- WRIT - A No. - 1000154 of 2010 Petitioner :- Atul Kumar Agrawal S/O Late Chhotey Lal Agrawal Respondent :- Prescribed Authority Ii Addl. Judge Small Causes And Ors. Counsel for Petitioner :- P.K. Khare,Amol Kumar Srivastava Counsel for Respondent :- Manish Kumar,Brijesh Kumar Saxena,M.A. Siddiqui Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed by the petitioner challenging an order dated 26.10.2010, whereby the application filed by the petitioner under Order 1 Rule 10 of the CPC was rejected. 3. The facts, in brief, are that the land lord filed an application under Section 21(1)(a) of the U.P. Act No.13 of 1972 against one Shri Nawal Kishore as per Annexure No.3 to the writ petition. The petitioner claiming himself to be the tenant by virtue of the succession on the first floor, moved an application for being impleaded under Order I Rule 10 of the CPC. The said application was rejected, against which, the present petition has been filed. 4. Considering the fact that it is the land lord who has filed the application, is the dominus litis, the petitioner had no right to be impleaded, more so, when no relief was sought against him. He is neither a necessary nor a proper party, as such, no interference is called for. 5. As the release application was filed in the year 2007, it is directed to the Prescribed Authority to decide the case, if pending being P.A. Case No.8 of 2007 expeditiously within a period of six months from today without giving any adjournment to any of the parties. In case, any adjournment is sought by the tenant, a cost of Rs.10,000/- shall be imposed per adjournment. 6. The writ petition stands dismissed. 7. Let a copy of this order be transmitted through the Senior Registrar to the court concerned for compliance. The court shall comply with the order and shall send a report through the Senior Registrar before this Court. Order Date :- 1.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench