Prankur Agarwal And Another vs Shri Sitaram Saini
2023 Latest Caselaw 15799 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:110257
 
Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5154 of 2023
 

 
Petitioner :- Prankur Agarwal And Another
 
Respondent :- Shri Sitaram Saini
 
Counsel for Petitioner :- Swetashwa Agarwal,Yash Raj Verma
 
Counsel for Respondent :- Ram Kishore Pandey
 

 
Hon'ble Neeraj Tiwari,J.

Heard Sri Swetashwa Agarwal learned counsel for the petitioner-defendant and learned counsel for respondent-plaintiff.

Present petition has been filed challenging the judgment and order dated 04.03.2023 passed by Additional District Judge/Special Judge(POCSO Act), Court No. 3, Amroha in S.C.C. Revision No. 79 of 2022 and judgment and order dated 28.09.2022 passed by Judge Small Causes Court/Civil Judge (Senior Division), Amroha in in S.C.C. Suit No. 03 of 2018.

After detail argument, learned counsel for the petitioner-defendant 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 two and half year time to vacate the same.

Learned counsel for the respondent-plaintiff has no objection to the submission raised by the learned counsel for the petitioner-defendant 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 petitioner-defendant is tenant of the shop in question since long, he is granted 2 years and six months time to vacate the same from today with following conditions;

(i) Petitioner-defendant is directed to file affidavit within two weeks from today before Judge Small Causes Court/Civil Judge (Senior Division), Amroha to vacate the shop in question within the time given by the Court;

(ii) Petitioner-defendant is also directed to pay rent of shop in question @ 5,000/- 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) Petitioner-defendant is directed to deposit decretal amount within four weeks from today before Judge Small Causes Court/Civil Judge (Senior Division), Amroha. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lose 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 :- 19.5.2023

ADY