Mridula Verma And 4 Others vs Sri Govardhan Singh
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Allahabad High Court

Mridula Verma And 4 Others vs Sri Govardhan Singh on 2 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78794
 
Court No. - 50
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1226 of 2020
 

 
Petitioner :- Mridula Verma And 4 Others
 
Respondent :- Sri Govardhan Singh
 
Counsel for Petitioner :- Onkar Nath Vishwakarma,Praveen Kumar,Sumit Suri
 
Counsel for Respondent :- Kshitij Shailendra (Elevated),Puneet Bhadauria
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Sri Pradeep Kumar, learned Senior Counsel assisted by Sri Praveen Kumar, learned counsel for petitioners and Sri P.K. Jain, learned Senior Counsel assisted by Sri Puneet Bhadauria, learned counsel for respondent.

2. Present petition has been filed seeking following reliefs:-

"i). to set aside the impugned order and judgment dated 06.12.2019 passed by Additional District Judge, Court No. 6, Etawah in P.A. Appeal No. 3 of 2011, Govardhan Singh vs. Firm Gaya Prasad Kishori and others."

3. After some arguments, learned counsel for the petitioners submitted that petitioners do not want to contest this petition on merits, but considering this fact that petitioners are running business at the house in question since long, they may be granted some time to vacate the same.

4. Sri P.K. Jain, learned Senior Counsel assisted by Sri Puneet Bhadauria, learned counsel for respondent has no objection to the submission raised by learned counsel for the petitioners, but he submitted that petitioners may be directed to submit affidavit to deposit the entire decretal amount and pay rent from month to month basis till the vacation of house.

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

6. Considering the fact that petitioners are running business at the house in question since long, they are granted fifteen months time to vacate the same from today with following condition;

(i) Petitioners are directed to file affidavit within two weeks from today before Additional District Judge, Court No. 6, Etawah to vacate the house in question within the time given by the Court;

(ii) Petitioners are directed to deposit all decretal amount within four weeks from today before learnedAdditional District Judge, Court No. 6, Etawah. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Petitioners are also directed to pay Rs. 2000/- & 1500/- monthly rent for both shops on month to month basis on or before 7th day of every month till the vacation of house;

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

7. With the aforesaid observations, petition is disposed of.

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

Order Date :- 2.5.2024

Sartaj