WPMS/1052/2003 of KAMAL KUMAR JAIN Vs PRESCRIBED AUTORITY and ORS. on 31 December 2008

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition No. 1052 of 2003 (M/S)

Kamal Kumar Jain

..…… Petitioner

Versus Prescribed Authority/ First Addl. Civil Judge, Dehradun and others ……..

……….

Mr. Anurag Bisaria, Advocate for the petitioner. Ms. Prabha Noliyal, Advocate for respondent no. 3.

Respondents

Hon’ble V.K. GUPTA, C. J.

CLMA No. 8515 of 2008 (Delay Condonation Application in RestorationApplication)

For the reasons stated, the application is allowed and the delay in filing the Restoration Application is hereby condoned.

MCC No. 1442 of 2008 (Restoration Application)

For the reasons stated, the application is allowed. The order dated 01.09.2008 is recalled and writ Petition No. 1052 of 2003 (M/S) is restored to its original position.

CLMA No. 8516 of 2008 (Delay Condonation Application in Substitution Application)

For the reasons stated, the application is allowed and the delay in filing the Substitution Application is hereby condoned.

CLMA No. 8517 of 2008 (Substitution Application)

On due consideration, the application is allowed and the applicant -Legal Representative of the petitioner is permitted to be substituted in place of the petitioner.

Writ Petition No. 1052 of 2003 (M/S)

On this petition coming up for consideration today, Mr. Anurag Bisaria, learned counsel appearing for the petitioner, seeks leave of this Court to withdraw this petition, if reasonable time, say about six months, is granted to the petitioner to vacate the property in question.

The writ petition is dismissed as withdrawn.

It is directed that the impugned eviction order shall not be executed till 30.06.2009 subject to the condition that the petitioner files a written undertaking in the Registry of this Court within four weeks from today to the effect that he shall vacate and handover the vacant possession of the property in question to respondent no. 3 by or before 30.06.2009.

A

(V. K. Gupta, C. J.) 31.12.2008