Punjab-Haryana High Court
Surinder Kumar vs Krishna Rani on 28 October, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:141283
CR-1872-2024 (O&M) 1
114
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM-18496-CII-2024 in/and
CR-1872-2024 (O&M)
Date of decision: 28.10.2024
Surinder Kumar
...Petitioner
Versus
Krishna Rani
...Respondent
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr. G.S.Verma , Advocate
for the petitioner.
Mr. Aditya Dassaur, Advocate,
Ms. Lakshita Sahni, Advocate and
Ms. Prinkle Singla, Advocate
for the respondent.
****
VIKAS BAHL, J. (ORAL)
CM-18496-CII-2024
1. This is an application filed under Order 9 Rule 9 of Code of
Civil Procedure for restoration of the main case to its original number,
which was dismissed for non-prosecution on 14.10.2024.
2. For the reasons mentioned in the application, the same is
allowed. The main case is restored to its original number.
CR-1872-2024
1. Challenge in the present revision petition is to the judgment
dated 12.03.2024 passed by the Appellate Authority, Kapurthala vide
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Neutral Citation No:=2024:PHHC:141283
which the appeal filed by the respondent-landlord has been allowed and the
order of the Rent Controller dated 08.07.2019 has been set aside and the
eviction petition filed by the respondent has also been allowed.
2. During the course of arguments, learned counsel for the
petitioner and learned counsel for the respondent, on instructions from their
respective clients, have come to a common understanding that the petitioner
be permitted to withdraw the present revision petition with the following
directions:-
i) The petitioner would vacate the premises and would hand
over the keys of the premises to the respondent on or
before 28.06.2025.
ii) The petitioner would pay an amount of Rs.8,500/- per
month from the month of November, 2024 up to the
period the petitioner stays in occupation, on or before
15th of every month.
iii) The petitioner would pay the arrears of rent amounting
to Rs. 1,55,000/- within a period of 15 days from today.
iv) The petitioner would file an undertaking on the said three
aspects before the Executing Court within a period of
three weeks from today with an advance copy to counsel
for the landlord in the Executing Court.
3. It is made clear that in case the petitioner does not submit the
said undertaking or does not comply with any of the abovesaid conditions
then it would be open to the respondent to seek immediate possession of the
premises in question from the petitioner by applying for police help in
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addition to taking recourse to other proceedings including the Contempt of
Courts Act.
4. In view of what has been observed above, the present revision
petition is disposed of.
5. All the pending miscellaneous applications, if any, shall stand
disposed of in view of the abovesaid order.
28.10.2024 (VIKAS BAHL)
Satyawan JUDGE
Whether speaking/reasoned:- Yes/No
Whether reportable:- Yes/No
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