- (1.) Writ petition is directed against the order dated 24.4.1991 passed by Civil Judge, Meerut in P.A. Case No. 185 of 1988 allowing application of respondent-landlord under section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972"), releasing accommodation in dispute and directing ejectment of tenant from premises in dispute; and, the order dated 19.5.2012 passed by Addl. District Judge/Special Judge, E.C. Act in Misc. Case No. 16 of 2002. From record, it appears that after the judgment dated 24.4.1991, predecessor in interest of petitioner namely Jagdish Prasad Dhanak filed Misc. Appeal No. 139 of 1991 which was dismissed in default on 22.11.2000 i.e., for not taking steps. He filed restoration application No. 59 of 2000 which was allowed on 22.11.2000 and applicant Jagdish Prasad Dhanak was allowed to take steps. He failed to take steps. Again Misc. Appeal No. 139 of 1991 was dismissed in default on 8.8.2002 for not taking steps for service of summons. He then filed Misc. Case No. 16 of 2002 which was dismissed for want of prosecution on 2.11.2006.
(2.) It is admitted that Sri Jagdish Prasad Dhanak died only on 10.4.2010 i.e., after more than four years from the date when his restoration application was dismissed for want of prosecution. It is when the respondent-landlord proceeded for execution vide execution case No. 39 of 2009, petitioner filed Misc. Application No. 1 of 2012 alongwith an application under section 5 of Limitation Act, 1963 (hereinafter referred to as "Act, 1963") seeking condonation of delay which has been dismissed by means of impugned order dated 19.5.2012.
(3.) The applications filed by predecessor-in-interest of petitioner having been dismissed for want of prosecution and petitioner having not taken any effective step for almost ten years thereafter, I do not find it a fit case warranting interference with the orders impugned in this writ petition in exercise of supervisory jurisdiction under Article 227 of Constitution.;