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2025 DAILYLAW 134299 (ALL)

PADAM KUMAR JAIN v. THE COURT J.S.C./CIVIL JUDGE SR. DIVI. BARABANKI and OTHERS

WRIA/1000110/2000 · 2025-04-30

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24824 Court No. - 6 Case :- WRIT - A No. - 1000110 of 2000 Petitioner :- Padam Kumar Jain Respondent :- The Court J.S.C./Civil Judge Sr. Divi. Barabanki And Others Counsel for Petitioner :- U.K.Srivastava,Ajeet Kumar Counsel for Respondent :- C.S.C.,Desh Ratan Mishra,Rakesh Kumar Hon'ble Pankaj Bhatia,J. CMA No.91089 of 2021 (Application U/s 5 of the Limitation Act) and CMA No.91097 of 2021 (Application for substitution) 1. Substitution application has been filed on account of the death of the opposite party no.4 along with the delay condonation application. 2. Cause shown is sufficient. 3. The applications are allowed. 4. The delay in filing the substitution application is condoned. 5. Let the necessary substitution be carried out during the course of the day. Order on main petition 6. The present petition has been filed challenging the orders dated 10.03.1999 and 01.05.2000 whereby the suit for arrears of rent and ejectment of the landlord was not accepted. 7. Considering the fact that the U.P. Act No. 13 of 1972 has been repealed, no useful purpose would be served by keeping the matter pending. The writ petition is disposed off with liberty to the petitioner to file a fresh proceedings for eviction under the new Act, namely, The Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 (U.P. Act No.16 of 2021). 8. In case such a petition is filed, the same shall be considered and decided within the time as prescribed under the statute and in accordance with law and the dismissal of the two orders shall not come in the way of deciding the application/petition on merits. Any amount deposited before this Court in pursuance to the interim order shall be refunded to the petitioner on his moving appropriate application. 9. In view of above, the writ petition is disposed off. Order Date :- 30.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench