Punjab-Haryana High Court
Surinder Kumar vs Krishna Rani on 28 October, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:141283
CR-1872-2024 (O&M) 1
114
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM-18496-CII-2024 in/and
CR-1872-2024 (O&M)
Date of decision: 28.10.2024
Surinder Kumar
...Petitioner
Versus
Krishna Rani
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. G.S.Verma , Advocate
for the petitioner.
Mr. Aditya Dassaur, Advocate,
Ms. Lakshita Sahni, Advocate and
Ms. Prinkle Singla, Advocate
for the respondent.
****
VIKAS BAHL, J. (ORAL)
CM-18496-CII-2024
1. This is an application filed under Order 9 Rule 9 of Code of Civil Procedure for restoration of the main case to its original number, which was dismissed for non-prosecution on 14.10.2024.
2. For the reasons mentioned in the application, the same is allowed. The main case is restored to its original number. CR-1872-2024
1. Challenge in the present revision petition is to the judgment dated 12.03.2024 passed by the Appellate Authority, Kapurthala vide 1 of 3 ::: Downloaded on - 01-11-2024 06:52:24 ::: Neutral Citation No:=2024:PHHC:141283 CR-1872-2024 (O&M) 2 which the appeal filed by the respondent-landlord has been allowed and the order of the Rent Controller dated 08.07.2019 has been set aside and the eviction petition filed by the respondent has also been allowed.
2. During the course of arguments, learned counsel for the petitioner and learned counsel for the respondent, on instructions from their respective clients, have come to a common understanding that the petitioner be permitted to withdraw the present revision petition with the following directions:-
i) The petitioner would vacate the premises and would hand over the keys of the premises to the respondent on or before 28.06.2025.
ii) The petitioner would pay an amount of Rs.8,500/- per month from the month of November, 2024 up to the period the petitioner stays in occupation, on or before 15th of every month.
iii) The petitioner would pay the arrears of rent amounting to Rs. 1,55,000/- within a period of 15 days from today.
iv) The petitioner would file an undertaking on the said three aspects before the Executing Court within a period of three weeks from today with an advance copy to counsel for the landlord in the Executing Court.
3. It is made clear that in case the petitioner does not submit the said undertaking or does not comply with any of the abovesaid conditions then it would be open to the respondent to seek immediate possession of the premises in question from the petitioner by applying for police help in 2 of 3 ::: Downloaded on - 01-11-2024 06:52:24 ::: Neutral Citation No:=2024:PHHC:141283 CR-1872-2024 (O&M) 3 addition to taking recourse to other proceedings including the Contempt of Courts Act.
4. In view of what has been observed above, the present revision petition is disposed of.
5. All the pending miscellaneous applications, if any, shall stand disposed of in view of the abovesaid order.
28.10.2024 (VIKAS BAHL)
Satyawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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