Sunit Agarwal, J. - (1.) Heard learned counsel for the parties.
(2.) Prayer in the writ petition is for the mandamus commanding the II Additional District Judge, Kasganj to decide the stay application 5-C in Rent Control Appeal No. 1 of 2015 (Maharani and another v. Sanjeev Kumar and another) within a stipulated time.
(3.) The contention of the petitioner is that an appeal has been filed under Section 22 of UP Act No. 13 of 1972 on 10.3.2015 against the judgment and order dated 9.2.2015 passed by the Prescribed Authority for release of the disputed shop. The contesting respondent has put in appearance in the appeal. Notice was issued to respondent No.2 who is a proforma respondent being one of the cotenant of the disputed shop. Direction has been given by the Court below for taking steps upon respondent No.2. However, an application 10 C2 was moved for exemption of service upon respondent No.2 which was rejected on 6.5.2015 on the opposition by the contesting respondent. Steps have been taken but service could not be effected and the registered post notice has been returned back unserved. As such, three days further time was provided to take steps. Next date fixed in the appeal is 18.11.2015.;