2009 (11) TMI 892

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....khand, whereby the High Court had dismissed the Writ Petition (Misc.)Single No.7361 of 2001 for non prosecution and rejected the application for restoration of the writ petition on condonation of delay in filing the same. 3. The facts of the case are as follows: The deceased mother of the appellants Smt. Devki Devi was dispossessed from her shop on account of deceptive acts of her Manager, namely, Pooranlal Shah who was engaged by her to run the business of confectionery (Halwai) after the death of her father. The said Manager got an ex parte order for declaring vacancy under Section 16(1) of U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No.13 of 1972) and thereafter an ex-parte order for allotment of s....

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....ition for non- prosecution. For restoration of the writ petition dismissed for non-prosecution, an application was filed by the appellants through their learned counsel Shri Bindesh Kumar Gupta. Since Sh. Gupta did not appear at the time the said application for restoration was listed for hearing i.e. on 26th of March, 2008, the said application for restoration was also rejected by a learned Judge of the High Court for non- prosecution. Sometime in the month of September, 2008, a second application for restoration of the writ petition was filed by the appellants saying that since Sh. Gupta was appointed as the Additional Advocate General of the State, he could not appear when the writ petition was taken up for hearing. The High Court by the....

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....it petition, we feel it appropriate to restore the writ petition to its original file in order to give an opportunity to the appellants to contest the same on merits. As noted hereinabove, for restoration of the writ petition dismissed for non-prosecution, an application for restoration was filed by the appellants which was rejected only on the ground of delay and latches. But on a perusal and on proper examination of the record of this case, we find that no delay was caused by the appellants in filing the application for restoration of the writ petition. In any view of the matter, the appellants cannot be punished for the lapses even if there was any, as the appellants had engaged a learned counsel to appear and contest the writ petition. ....