Smt. Rani Dubey vs Sarvesh Jain And 2 Others
2024 Latest Caselaw 16850 ALL

Allahabad High Court

Smt. Rani Dubey vs Sarvesh Jain And 2 Others on 13 May, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:85286
 
Court No. - 50
 

 
Case :- S.C.C. REVISION No. - 163 of 2023
 

 
Revisionist :- Smt. Rani Dubey
 
Opposite Party :- Sarvesh Jain And 2 Others
 
Counsel for Revisionist :- Vijay Prakash Singh Kushwaha
 
Counsel for Opposite Party :- Aklank Kumar Jain
 

 
Hon'ble Neeraj Tiwari,J.
 

1. Heard Sri Vijay Prakash Singh Kushwaha, learned counsel for the defendant-revisionist and Mr. Aklank Kumar Jain, learned counsel for the plaintiff- respondent.

2. Present revision has been filed challenging the judgment and decree dated 21.09.2023 passed by learned District Judge, Lalitpur in S.C.C. Suit No.100002 of 2018.

3. After argument at length, Sri Vijay Prakash Singh Kushwaha, learned counsel for the defendant-revisionist submitted that he does not want to contest this revision on merits, but considering this fact that revisionist-defendant is residing at the house in question since long, he may be granted six months time to vacate the same.

4. Mr. Aklank Kumar Jain, learned counsel for the plaintiff- respondent has no objection to the submission raised by learned counsel for the defendant-revisionist, but she submitted that defendant-revisionist 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 defendant-revisionist is residing at the house in question since lone, he is granted six months time to vacate the same from today with following condition;

(i) Defendant-revisionist is directed to file affidavit within two weeks from today before learned District Judge, Lalitpur to vacate the house in question within the time given by the Court;

(ii) Defendant-revisionist is directed to deposit all decretal amount within four weeks from today before learned District Judge, Lalitpur. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Defendant-revisionist is also directed to pay Rs. 5,000/- as rent of house in question 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 plaintiff- respondent is at liberty to proceed against the defendant- revisionist 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 revisionist to file fresh case for the very same cause of action.

Order Date :- 13.5.2024

Junaid