Ran Krishna Vishnoi vs Umashankar Chaurasiya
2023 Latest Caselaw 13680 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- WRIT - A No. - 6711 of 2023
 

 
Petitioner :- Ran Krishna Vishnoi
 
Respondent :- Umashankar Chaurasiya
 
Counsel for Petitioner :- Himanshu Singh,Nitin Jain,Sr. Advocate
 
Counsel for Respondent :- Sangam Singh
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri P.K. Jain, learned Senior Counsel assisted by Sri Nitin Jain, learned counsel for the defendant-petitioner and Sri Sangam Singh, learned counsel for the plaintiff-respondent.

Present petition has been filed challenging the judgment and order dated 25.07.2019 and order dated 20.03.2023 passed by District Judge, Auraiya.

After detail argument, learned counsel for the defendant-petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner-defendant is tenant of the shop in question since long, he may be granted some time to vacate the same.

Sri Sangam Singh, learned counsel for the plaintiff-respondent has no objection to the submission raised by the learned counsel for the petitioner subject to deposit of monthly rent till the vacation of shop in question.

I have considered the rival submissions raised by learned counsel for the parties.

Considering the fact that defendant-petitioner is tenant of the shop in question since long, he is granted nine months time to vacate the same from today with following conditions;

(i) Defendant-petitioner is directed to file affidavit within two weeks from today before Additional District Judge, Auraiya to vacate the shop in question within the time given by the Court;

(ii) Defendant-petitioner is also directed to pay rent of shop in question per month, on month to month basis on or before 7th day of every month till the vacation of shop in terms of first condition;

(iii) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lost the effect and plaintiff-respondent is at liberty to proceed against the defendant-petitioner in accordance with law.

With the aforesaid observations, petition is disposed of.

It is made clear that no liberty is given to the petitioner to file fresh petition for the very same cause of action.

Order Date :- 1.5.2023

Sartaj