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BHARTI GUPTA v. NARESH

Supreme Court of India | Diary 10260/2023

Status

ROP - of Main Case

Decided On

19-04-2024

Bench

HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE DIPANKAR DATTA

Petitioner

BHARTI GUPTA

Respondent

NARESH

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Full Judgment Text

ITEM NO.36 COURT NO.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6604/2023 (Arising out of impugned final judgment and order dated 29-08-2022 in MUA227 No. 10141/2016 passed by the High Court Of Judicature At Allahabad) BHARTI GUPTA Petitioner(s) VERSUS NARESH & ANR. Respondent(s) (IA No.56070/2023-EX-PARTE STAY and IA No.56065/2023-EXEMPTION FROM FILING O.T. ; IA No. 56070/2023 - EX-PARTE STAY; IA No. 56065/2023 - EXEMPTION FROM FILING O.T.) Date : 19-04-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Ms. Preeti Singh, AOR Mr. Sunklan Porwal, Adv. For Respondent(s) Mr. Ravi Shanker Jha, Adv. Mr. Avineesh Jha, Adv. Ms. Pooja, Adv. Mr. Purushottam Sharma, Adv. Mr. Manish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R We are not inclined to interfere with the impugned judgment and hence, the special leave petition is dismissed. Pending application(s), if any, shall stand disposed of (VARSHA MENDIRATTA) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.39 COURT NO.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (C) No. 6604/2023 (Arising out of impugned final judgment and order dated 29-08-2022 in MUA227 No. 10141/2016 passed by the High Court of Judicature at Allahabad) BHARTI GUPTA Petitioner(s) VERSUS NARESH & ANR. Respondent(s) (IA No.56070/2023-EX-PARTE STAY and IA No.56065/2023-EXEMPTION FROM FILING O.T., IA No. 56070/2023 - EX-PARTE STAY and IA No. 56065/2023 - EXEMPTION FROM FILING O.T.) Date : 15-04-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Ms. Preeti Singh, AOR Mr. Sunklan Porwal, Adv. Mrs. Shefali Menezes, Adv. Mr. Shakeel Ahmed, Adv. For Respondent(s) Mr. Shivam Singh, Adv. Mr. Ravi Shanker Jha, Adv. Mr. Ishwar Singh, Adv. Ms. Pooja, Adv. Mr. Purushottam Sharma, Adv. Mr. Manish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R At the request made by the learned counsel for the parties, re-list on 19.04.2024. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR

SLP(C) Diary No. 10260/2023 ITEM NO.16 COURT NO.7 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No. 10260/2023 (Arising out of impugned final judgment and order dated 29-08-2022 in MUA227 No. 10141/2016 passed by the High Court of Judicature at Allahabad) BHARTI GUPTA Petitioner(s) VERSUS NARESH & ANR. Respondent(s) (IA No.56063/2023-CONDONATION OF DELAY IN FILING and IA No.56070/2023-EX-PARTE STAY and IA No.56065/2023-EXEMPTION FROM FILING O.T.) Date : 27-03-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Ms. Preeti Singh, AOR Mr. Sunklan Porwal, Adv. Mrs. Saumya Dwivedi, Adv. Mrs. Kumkum Mandhanya, Adv. Mrs. Rachna Nain, Adv. Mr. Rishabh Munjal, Adv. Mrs. Simranjeet Kaur, Adv. Mrs. Khusboo Choudhary, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Delay condoned. Issue notice returnable in the month of August 2023. Notices will be served by all modes, including dasti. It is pointed out by the learned counsel for the petitioner that the issue whether the respondent is entitled to benefit under

SLP(C) Diary No. 10260/2023 Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the 1972 Act) in view of the construction of the house, was examined by the trial Court and the appellate Court. Hence, the order of remand would serve no purpose and would amount to duplicacy of proceedings. There will be stay of directions with regard to remand for examination of the question whether the respondent is entitled to the benefit under Section 20(4) of the 1972 Act. (DEEPAK GUGLANI) AR-CUM-PS (R.S. NARAYANAN) COURT MASTER (NSH)

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