AI Structured Summary
Not yet generated for this judgment
Judgment
G.S. Sandhawalia, J.
Civil Misc. No.81-C-II of 2011
Prayer made in the application u/s 151 C.P.C. is for grant of exemption from filing the certified copies of Annexures P-1 to P-5. In view of the averments made in the application, which are supported by affidavit, the Civil Misc. Application is allowed.
C R No.22 of 2011
Challenge in the present revision petition is to the order dated 8.12.2010 whereby the Rent Controller has assessed the provisional rent of the premises in question and directed that the rent assessed be paid by 7th January, 2011.
Counsel for the respondent has relied upon the judgment of this Court in Mohan Singh Vs. Surinder Pal Singh 2012(1) R.C.R. (Civil) 259 to contend that the impugned order is appealable before the Appellate Authority in view of law laid down by the Hon''ble Supreme Court in Harjit Singh Uppal Vs. Anup Bansal,
Faced with the situation counsel for the petitioner prays that he may be permitted to withdraw the present petition to file an appeal before the Appellate Authority. The respondent has no objection to the said withdrawal. However, since the petition has been pending from 6.1.2011 and there was also an interim order, counsel for the respondent states that he will have no objection and will not oppose the application u/s 14 of the Limitation Act and will contest the appeal on merits. Accordingly, the present revision petition is dismissed as withdrawn with liberty to file an appeal before the Appellate Authority against the impugned order, within 15 days. It is made clear that the Appellate Authority shall decide the appeal on merits keeping in view the undertaking given by the counsel for the respondent. If the appeal is filed within 15 days from today, the interim protection granted by this Court shall continue as per further direction which may be passed by the Appellate Authority.