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2009 Supreme(All) 3292

POONAM SRIVASTAVA
SARIKA KEDIA – Appellant
Versus
ADDITIONAL DISTT. JUDGE, DEORIA – Respondent


Advocates:
Counsel :
M.K. Gupta, Arvind Srivastava for the Petitioner; Tulika Prakash for the Respondents.

JUDGMENT

Hon’ble Mrs. Poonam Srivastav, J.—Heard Sri Arvind Srivastava, learned counsel for the petitioner and Ms. Tulika Prakash Advocate for the contesting respondents.

2. Two writ petitions are being decided by a common judgment since basic questions involved are identical and does not require separate decisions.

3. These writ petitions are on behalf of landlord Sarika Kedia, wife of Pankaj Kumar Kedia and Sumit Kumar Kedia who are landlords of the disputed premises which is part of original property of Sri Shanker Lal Kedia. The property was bequeathed in favour of Jagdish Prasad Kedia, Gopi Krishna Kedia, Sumit Kedia, Saurabh Kumar Kedia @ Arun Kumar Kedia, Sri Sanjay Kedia and Smt. Sarika Kedia by virtue of Will dated 5.1.2001. One third share came to the petitioner. However, it is a subject-matter of dispute Suit No. 56 of 2003. A release application was preferred by the landlord vide P.A. Case No. 2 of 2005 which was in occupation of Sri Vishwanath Kanodiya, respondent No. 2 (tenant). The petitioner being daughter-in-law of Sri Jagdish Prasad Kedia who is son of Sri Shanker Lal Kedia, preferred release application under Section 21(1)(a) of U.P. Act No. 13 of 1972 (hereinafter






































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