Bhagirath Firm Guru Govindsingh Store ... vs Maheshwari Panchayat Trust Neemuch
2024 Latest Caselaw 5703 MP

Madhya Pradesh High Court

Bhagirath Firm Guru Govindsingh Store ... vs Maheshwari Panchayat Trust Neemuch on 23 February, 2024

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
                                              ON THE 23 rd OF FEBRUARY, 2024
                                              SECOND APPEAL No. 3045 of 2019

                           BETWEEN:-
                           BHAGIRATH FIRM GURU GOVINDSINGH STORE
                           BOHRA BAZAR NEEMUCH PARTNERSHIP GHANSHYAM
                           S/O GAGANDAS GURU GOVINDSINGH STORE, , BOHRA
                           BAZAR, NEEMUCH AND DISTRICT NEEMUCH (MADHYA
                           PRADESH)

                                                                                         .....APPELLANT
                           (BY SHRI HIMANSHU JOSHI - ADVOCATE FOR THE APPELLANT)

                           AND
                           1.    MAHESHWARI PANCHAYAT TRUST NEEMUCH
                                 C H A I R M A N SHYAMSUNDARJI AJMERA S/O
                                 MANNALALJI AJMERA 29, VIKAS NAGAR, 14/4,
                                 NEEMUCH, TEHSIL AND DISTRICT NEEMUCH
                                 (MADHYA PRADESH)

                           2.    SACHIV, KRISHNA GOPAL S/O MADANLAL BALDI,
                                 AGED ABOUT 64 YEARS, OCCUPATION: VYAPAR
                                 234, JAWAHAR NAGAR, NEEMUCH (MADHYA
                                 PRADESH)

                           3.    BHAVAN   PRAMUKH,      SANJAY    S/O  SHRI
                                 RADHESHYAM BAHETI, AGED ABOUT 51 YEARS,
                                 OCCUPATION: VYAPAR 20, DANAOLI, SATYAPATH,
                                 NEEMUCH (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (BY SHRI SATISH JAIN - ADVOCATE FOR RESPONDENTS NO. 1 TO 3)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

Heard both the learned counsel for the parties.

Present second appeal is arising out of the judgment passed in civil suit

No.10/19 by the Ist Additional District Judge, Neemch, Distrrict Neemuch.

Learned counsel appearing for the appellant Shri Himanshu Joshi has stated before this Court that some breathing time be granted to the appellant Firm to vacate the premises. He has stated that the appellant shall vacate the demised premises positively within one year, from today, i.e. on 21.02.2025 and also submitted that till 21.02.2025 the appellant Firm shall deposit the rent regularly and shall also pay arrears of rent, if any, within 15 days, from today.

Learned counsel for the respondents Shri Satish Jain stated that their parties are ready on the above said conditions.

In light of the aforesaid, one year time is granted to the appellant Firm to

vacate the demised premises. It is also made clear that if the appellant fails to deposit the rent, arrears of rent on regular basis and not vacate the demised premises, within the said stipulated date, the landlord shall be free to file the execution proceedings before the concerned Court and get the vacant possession of the demised premises and arrears of rent, as per law.

Let the copy of this order be sent to the concerned trial Court as well the appellate Court.

With the aforesaid, the second appeal stands disposed off. No order as to costs.

(DEVNARAYAN MISHRA) JUDGE rashmi