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2025 DAILYLAW 142248 (ALL)

RAJ KUMAR and 3 ORS. v. RAGHUBIR SAHAI MISRA and 2 ORS.

WRIA/1000100/2004 · 2025-08-08

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46508 Court No. - 6 Case :- WRIT - A No. - 1000100 of 2004 Petitioner :- Raj Kumar And 3 Ors. Respondent :- Raghubir Sahai Misra And 2 Ors. Counsel for Petitioner :- Mohd. Mansoor,Mohiuddin Khan Counsel for Respondent :- C.S.C.,Amrendra Nath Tripathi,S. Mirza,Vivek Raghuvanshi Hon'ble Pankaj Bhatia,J. Order on I.A. No.9 of 2021: 1. No one has appeared for the applicant/petitioner even in the revised call. 2. Shri Amrendra Nath Tripathi, learned counsel for the respondent is present. 3. The application seeks recall of the order dated 09.11.2021. 4. Cause shown is sufficient. 5. The application is allowed. 6. Order dated 09.11.2021 is recalled and writ petition is restored to its original file and number. Order on Writ Petition: 7. Present petition has been filed challenging the order dated 20.01.2020 whereby the suit was decreed for rent and ejectment as well as the revisional order dated 19.04.2004 whereby Revision No.2 of 2000 was dismissed. 8. Perusal of the orders reveal that on the basis of points of determination, a finding was recorded with regard to default committed by the petitioner and based upon the said, the suit was decreed. In the decree, the enhanced rent was not granted by the JSCC. Against the said order, the landlord as well as the tenant preferred separate revisions being Revision No.2 of 2000 and Revision No.5 of 2000. The revision preferred by the petitioner/tenant came to be dismissed and the revision preferred by the respondent/landlord came to be allowed where the arrears of rent at enhanced rate was decreed. 9. No writ petition has been filed challenging the order passed in Revision No.5 of 2000. 10. Considering that findings of fact have been recorded and there is no challenge to the decision of Revision No.5 of 2000, no good ground for interference is made out. 11. 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