Ram Sunder Mishra And Another vs Mata Prasad Yadav And 5 Others
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Allahabad High Court

Ram Sunder Mishra And Another vs Mata Prasad Yadav And 5 Others on 18 April, 2025

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:57363
 
Court No. - 2
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3841 of 2025
 

 
Petitioner :- Ram Sunder Mishra And Another
 
Respondent :- Mata Prasad Yadav And 5 Others
 
Counsel for Petitioner :- Gulab Chandra Tiwari
 
Counsel for Respondent :- Saurabh Raj Srivastava
 

 
Hon'ble Neeraj Tiwari,J.
 

Heard Sri Gulab Chandra Tiwari, learned counsel for the petitioners and Sri Saurabh Raj Srivastava, learned counsel for the respondents.

Present petition has been filed with following relief;

"I. to set aside the impugned judgement and order dated 30.10.2023 passed by Small Causes Court, Allahabad in SCC Suit No. 01 of 2013 (Sri Mata Prasad Yadav through legal heirs Vs. Ram Sunder Mishra through legal heir) as well as judgment and order dated 28.3.2025 passed by Additional District Judge, Room No. 21, Prayagraj in Civil Revision No. 260 of 2023 (Ram Sunder Mishra through legal heir Vs. Sri Mata Prasad through legal heirs).

After detail argument, when the Court was inclined to dismiss the petition with heavy cost, Sri Gulab Chandra Tiwari, learned counsel for the petitioners submitted that he does not want to contest this petition on merits, but considering this fact that petitioners are residing at the house in question since 1978, they may be granted one year time to vacate the same.

Sri Saurabh Raj Srivastava, learned counsel for the respondents 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 premise.

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

Considering the fact that petitioners are residing at the house in question since, 1972, they are granted nine months time to vacate the same from today with following condition;

(i) Petitioners are directed to file affidavit within two weeks from today before learned Judge Small Causes Court, Allahabad 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 learned Judge Small Causes Court, Allahabad. In case, any amount is already deposited, same shall be adjusted against the decretal amount;

(iii) Petitioners are also directed to pay rent of premise 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 respondents are at liberty to proceed against the petitioners in accordance with law.

With the aforesaid observations, petition is disposed of.

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 :- 18.4.2025

Arvind