- (1.) HEARD Sri Rajiv Mishra along with Sri Atul Sharma, learned counsel for the petitioner and Sri Shiv Sagar Singh, learned counsel for the respondents.
(2.) BY means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 1.3.2013 passed by the Prescribed Authority/Civil Judge (Senior Division) Muzaffar Nagar in P.A.Case No. 25 of 2011 (Som Prakash Agrawal Vs. Bijendra) as well as the order dated 18.10.2014 passed by the same court in Misc. Case No. 2 of 2013 (Bijendra Kumar Vs. Som Prakash). The petitioner has also prayed for staying the execution of P.A.Case No. 2 of 2013.
(3.) VIDE order dated 1.3.2013, release application filed by the respondent has been allowed. Whereas by the subsequent order dated 18.10.2014, application filed by the petitioner seeking recall of the order dated 1.3.2013 has been dismissed. The facts giving rise to this case are that the respondent landlord has filed an application under Section 21 (1) (a) of U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of the shop in question on the ground of his personal need as well as of his son. To this application, objection was filed by the petitioner on 25.5.2012. The respondents have filed their evidence on 2.7.2012. For filing evidence of the petitioner, two dates were fixed i.e. 3.7.2012 and 31.7.2012 but after 31.7.2012, various adjournments have been sought by the petitioner, but evidence was not filed. On 28.1.2013, on an adjournment application, last opportunity was given by the court to file evidence upto 4.2.2013. No evidence was filed by the petitioner. Ultimately the right of filing evidence was closed vide order dated 11.2.2013 and the date was fixed for final argument. On 18.2.2013, due to strike of the lawyers, date was fixed for 22.2.2013. On 22.2.2013, the petitioner (opposite party) had not argued the case and the judgment was reserved fixing 1.3.2013 giving liberty to the petitioner's counsel to argue the matter upto 28.2.2013 at any time during the court's hours. Finally on 1.3.2013, the release application was allowed.;