MUKESH KUMAR SHARMA Vs. SHRI MISHRI LAL DEEPAK
LAWS(ALL)-2017-9-121
HIGH COURT OF ALLAHABAD
Decided on September 07,2017

MUKESH KUMAR SHARMA Appellant
VERSUS
Shri Mishri Lal Deepak Respondents

JUDGEMENT

SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri S.C. Pandey, learned counsel for the petitioner-defendant.
(2.) This petition under Article 227 of the Contitution of India has been filed praying for the following relief: "A) set aside the order dated 7.3.2017 (Annexure No.1) passed by Judge, Small Causes Court, Aligarh, passed in U.P.U.B. Misc. Case No.10 of 2015 (Mukesh Kumar v. Mishri Lal Deepak), and the order dated 20.5.2015 (Annexure No.2) passed by Prescribed Authority/Judge, Small Causes Court, Aligarh, in U.P.U.B. Misc. Case No. 18 of 2013 (Shri Mishri Lal Deepak v. Shri Mukesh Kumar Sharma) ; B. Pass suitable orders/directions restraining the respondent to evict the petitioner from the shop in question i.e., shop No.29, Indira Market, Avas Vikas, Railway Road, Aligarh, and to interfere in the peaceful possession of petitioner over the same in any manner."
(3.) By the impugned order dated 7.3.2017, the restoration application 3-C, filed by the petitioner-defendant for recall of the order dated 20.5.2015 in U.P.U.B. Misc. Case No.18 of 2003 (Shri Mishri Lal Deepak v. Shri Mukesh Kumar Sharma) , was rejected. By the impugned order dated 20.5.2015 in U.P.U.B. Case No.18 of 2003 (Shri Mishri Lal Deepak v. Shri Mukesh Kumar Sharma) , the release application of the plaintiff-respondent/landlord under Section 21(1)(a) of U.P. Act No.13 of 1972 with respect to the disputed house, was allowed.;


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