ISRARUL HAQ v. VIITH ADDL. DISTRICT JUDGE GONDA AND OTHERS
WRIA/1000159/2001 · 2025-08-08
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132133 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132133 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46534 Court No. - 6 Case :- WRIT - A No. - 1000159 of 2001 Petitioner :- Israrul Haq Respondent :- Viith Addl. District Judge Gonda And Others Counsel for Petitioner :- N.N.Jaiswal,Km. Vishwa Mohini,Rajesh Kumar Counsel for Respondent :- C.S.C.,S.K.Mehrotra Hon'ble Pankaj Bhatia,J.
Order on I.A. No.2 of 2025:
1. The application seeks recall of the order dated 13.10.2023.
2. Cause shown is sufficient.
3. The application is allowed.
4. Order dated 13.10.2023 is recalled and writ petition is restored to its original file and number.
Order on I.A. No.3 of 2023:
5. The application seeks condonation of delay in filing the substitution application.
6. Cause shown is sufficient.
7. Delay in filing the substitution application is condoned.
8. The application is accordingly allowed.
Order on I.A. No.4 of 2023:
9. The application seeks substitution of legal heirs of the petitioner.
10. Learned counsel for the applicant states that the sole petitioner has died.
11. The application is allowed.
12. Learned counsel for the applicant is permitted to substitute the name of legal heirs of the petitioner in the memo of the parties during the course of the day.
Order on Writ Petition:
13. Heard learned counsel for the petitioner and Shri Prashant
Shukla, learned counsel for the respondent on merits.
14. Present petition has been filed challenging the orders whereby a decree of rent and ejectment was passed on 31.03.1998 and the revision was dismissed on 30.07.2001.
15. Perusal of the order impugned reveals that on the point of determination in between the parties, a finding was recorded that there was a default in payment of the rent and based upon which, the decree of ejectment was passed.
16. Considering that findings of fact have been recorded, no interference is called for.
17. Present petition lacks merit and is accordingly dismissed.
Order Date :- 8.8.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench