Allahabad High Court
Naresh Kumar Arora vs Jay Kaur And Another on 16 May, 2024
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88565
Court No. - 50
Case :- S.C.C. REVISION No. - 64 of 2024
Revisionist :- Naresh Kumar Arora
Opposite Party :- Jay Kaur And Another
Counsel for Revisionist :- Deepak Kumar Srivastava,Jagmohan Singh
Counsel for Opposite Party :- Ashutosh Sharma,Prem Chand Jain,Satyendra Prakash Srivastava
Hon'ble Neeraj Tiwari,J.
1. Heard Sri Deepak Kumar Singh along with Jagmohan Singh, learned counsel for the revisionist and Sri Prem Chand Jain along with Satyendra Prakash Srivastava, learned counsel for the opposite parties.
2. Present revision has been filed with following relief;
"It is therefore, most respectfully prayed that judgment and decree dated 16.03.2024 passed by Learned Additional District Judge, Court No. 01 Kanpur Nagar in SCC Suit No. 95 of 2019 (Km. Jai Kaur & another Vs. Naresh Kumar Arora) may be stayed and any other and further relief which may be deemed fit and proper by this Hon'ble Court in the facts and circumstances of the case, may also be granted otherwise the revisionist will suffer irreparable loss and injury."
3. After detail argument, learned counsel for the revisionist submitted that he does not want to contest this revision on merits, but considering this fact that revisionist is residing at the shop in question since long, he may be granted ten months time to vacate the same.
4. Learned counsel for the opposite parties has no objection to the submission raised by learned counsel for the revisionist, but she submitted that 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 revisionist is residing at the house in question since long, he is granted ten months time to vacate the same from today with following condition;
(i) Revisionist is directed to file affidavit within two weeks from today before learned Additional District Judge, Court No. 01 Kanpur Nagar to vacate the house in question within the time given by the Court;
(ii) Revisionist is directed to deposit all decretal amount within four weeks from today before learned Additional District Judge, Court No. 01 Kanpur Nagar. In case, any amount is already deposited, same shall be adjusted against the decretal amount;
(iii) Revisionist is also directed to pay 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 opposite parties is at liberty to proceed against the 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 petition for the very same cause of action.
Order Date :- 16.5.2024
Arvind
