Ajay Kumar Alias Kanhaiya Lal vs Smt Rajesh Goswami
2024 Latest Caselaw 15854 ALL

Allahabad High Court

Ajay Kumar Alias Kanhaiya Lal vs Smt Rajesh Goswami on 7 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:81621
 
Court No. - 50
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5320 of 2024
 

 
Petitioner :- Ajay Kumar Alias Kanhaiya Lal
 
Respondent :- Smt Rajesh Goswami
 
Counsel for Petitioner :- Suyash Bhargava,Sr. Advocate,Vinayak Varma
 
Counsel for Respondent :- Sanjay Goswami
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Sri Vinayak Varma, learned counsel for the petitioner and Sri Sanjay Goswami, learned counsel for the respondent.

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

"A. Issue a suitable order or direction setting aside the judgment and order dated 29.10.2021 passed by Civil Judge (S.D.) Mathura in S.C.C. Suit No. 16 of 2011 (Smt. Rajesh Goswami vs. Ajay Kumar alias Kanhaiya Lal) and the judgment and order dated 09.02.2024 passed by Additional District Judge, Court No. 1, Mathura, in S.C.C. Revision No. 51 of 2021 (Ajay Kumar Alias Kanhaiya vs. Smt. Rajesh Goswami)."

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

4. Sri Sanjay Goswami, learned counsel for the respondent has no objection to the submission raised by learned counsel for the petitioner, but he submitted that petitioner 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 petitioner is in house in question since long, he is granted one year time to vacate the same from today with following condition;

(i) Petitioner is directed to file affidavit within two weeks from today before Civil Judge (S.D.), Mathura to vacate the house in question within the time given by the Court;

(ii) Petitioner is directed to deposit all decretal amount within four weeks from today before learnedCivil Judge (S.D.), Mathura. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Petitioner is also directed to pay Rs. 5000/- monthly rent 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 petitioner 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 petitioner to file fresh petition for the very same cause of action.

Order Date :- 7.5.2024

Sartaj