- (1.) Heard Shri Arvind Razdan, learned Counsel for the petitioner and Shri Shailendra Verma, Counsel for the opposite party. Learned Counsel for the petitioner submits that the petitioner is the owner of the property known as Asha Apartment-II, 13, Madan Mohan Malviya Marg, Lucknow, the same was let out to the respondent No. 2, Aircel Digilink India Limited on the monthly rent of Rs. 7,763/-.
(2.) Thereafter in respect to the property in question S.C.C. Suit No. 3 of 2008 has been filed in the Court of District Judge, Lucknow and subsequent to the transfer to the Court of Additional District Judge, Court No. 17, Lucknow where the same pending for adjudication.
(3.) Learned Counsel for the petitioner further submits that the said suit had proceeded ex parte against the opposite party No. 2 who is the defendant in the said suit, he did not appear in spite of the service of the notice. Moreover, the arguments were heard by the Court below identically on behalf of the plaintiff thereafter again the date of re-argument have been fixed without any rhyme and reason.;