Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 30921 (ALL)

BAIJ NATH GUPTA AND 3 OTHERS v. KRISHNA MURARI AGARWAL AND 2 OTHERS

A227/2688/2025 · 2025-04-03

Neeraj Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:47456 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2688 of 2025 Petitioner :- Baij Nath Gupta And 3 Others Respondent :- Krishna Murari Agarwal And 2 Others Counsel for Petitioner :- Prashant Vardhan,Sharad Kumar Hon'ble Neeraj Tiwari,J. 1. Supplementary affidavit filed today be taken on record. 2. Heard learned counsel for the petitioners. 3. Present petition has been filed with following prayer:- "(a). Issue a suitable writ order or direction to set aside the order dated 01.03.2025 passed by Additional District Judge, Room No. 2, Prayagraj in Rent Control Appeal No. 04 of 2015." 4. Learned counsel for petitioners submitted that P.A. Case No. 34 of 2006 was filed in the year 2006, upon which, written statement was filed. Accordingly, the said P.A. case was allowed vide order dated 17.03.2015. Against that order, petitioner-defendant has preferred Rent Control Appeal No. 04 of 2015 in the year 2015. 5. Now, petitioners-defendants have filed application dated 01.03.2025 i.e. after around 19 years from the date of execution of suit to submit some additional evidence to demonstrate that plaintiff-respondents are having alternative accommodation in other part of the city. 6. Being confronted by the Court about fulfillment of Order 41 Rule 27 CPC i.e. about due diligence, he could not satisfy the Court and explain the reason as to why he is filing additional evidence after 19 years. In fact no reasons have been given for such inordinate delay. 7. Therefore, under such facts, Court is of the view that mere filing of present application is nothing but an attempt to delay the proceeding. 8. Petition lacks merit and is accordingly, dismissed. Order Date :- 4.4.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad