Sudhir Agarwal, J. - (1.) Heard Sri Jaspreet Singh, learned counsel for the petitioner, Sri Puneet Chandra, learned counsel appearing for contesting respondent no. 2 and perused the record.
(2.) The respondent no. 2 filed an application under Section 21 (1)(a) of U.P.Urban Building (Regulation of Letting Rent and Eviction) Act, 1972 (U.P. Act No.13 of 1972) for release of shop situated at the ground floor of House No. 311/26 on the ground of personal need. Petitioner did not file any written statement, hence the Prescribed Authority allowed application vide judgement dated 29.04.1995 ex parte and directed petitioner to vacate premises in question within one month.
(3.) The petitioner moved an application for recall of release order dated 29.04.1995 and this application was registered as P.A. Misc. Case No.47-C of 1995. This application was also dismissed for want of prosecution on 17.01.1998. Again a recall application was moved for recall of order dated 17.01.1998 and was registered as P.A. Misc. Case No.17-C of 1998. This application was also dismissed for want of prosecution on 01.12.2001. In the meantime, respondent no.2 also filed, separately and independently, Suit No.229 of 2000 in the court of Civil Judge (Junior Division), Lucknow seeking a permanent injunction the defendant should not handover possession of property in dispute to any third party. The petitioner then after about eight years moved another application registered as P.A. Misc. Case No.3-C of 2009 alongwith delay condonation application for recall of order dated 01.12.2001. The court below has rejected delay condonation application by means of order dated 10.05.2011. The present writ petition has been filed assailing these three orders dated 10.05.2011, 17.01.1998 and 01.12.2001 (wrongly typed in prayer as 01.12.2010).;