Uttarakhand High Court
Rajeev Kumar Goyal And Others vs Shri Narendra Kumar" on 3 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
3RD DECEMBER, 2021
CIVIL REVISION No.28 of 2018
Between:
Shri Narendra Kumar. ...Revisionist
and
Shri Rajeev Kumar Goyal and Others.
...Respondents
Counsel for the Revisionist : Mr. Jitendra Chaudhary with
Dr. Kartikey Hari Gupta.
Counsel for the Respondents: Mr. T.A. Khan, learned
Senior Advocate assisted by
Mr. Ravi Shanker Kandpal.
Hon'ble Alok Kumar Verma,J.
This SCC revision has been filed under Section
25 of the Provincial Small Cause Courts Act, 1887 against
the judgment dated 23.02.2018, passed by the Judge,
Small Cause Court/Additional District Judge, Kotdwar,
District Pauri Garhwal in SCC Suit No.3 of 2015, "Shri
Rajeev Kumar Goyal and others vs. Shri Narendra Kumar",
by which the suit of the respondents-plaintiffs was
allowed.
2. Shri Rajeev Kumar Goyal, the respondent no.1,
is present in-person. He is identified by Mr. T.A. Khan, the
learned Senior Advocate.
3. It is stated by Mr. Jitendra Kumar Chaudhary,
the learned counsel for the revisionist, that one year time
from today be granted to vacate the shop-in-question, for
which he has submitted an oral undertaking. Mr. Jitendra
Chaudhary, the learned counsel for the revisionist,
submitted that the remaining amount, as directed by the
learned trial court, shall be paid by the revisionist within
two months from today. He further submitted that per
month amount, as directed by the learned trial court, from
today till the revisionist hands over the possession of the
shop-in-question to the respondents, shall be paid by him
on the last date of each month.
4. Mr. T.A. Khan, the learned Senior Advocate
appearing for the respondents, is agree and submitted
that an instruction has been received by him from the
respondents, including the respondent no.1, that the
respondents are willing to provide one year period to the
revisionist to vacate the shop-in-question. He further
stated that the respondents are also agree with other
undertakings of the revisionist.
5. The learned counsel appearing for both the
parties submitted that on the said oral undertakings, this
civil revision may be disposed of.
6. In the light of the oral undertakings of the
revisionist, the revisionist-Shri Narendra Kumar may not
be evicted from the shop-in-question till 04.12.2022,
provided he deposits the entire amount up till today, as
directed by the learned trial court, with the court below
within two months from today. He is also directed to
vacate shop-in-question and hand over the vacant
possession to the respondents on or before 04.12.2022. In
case of default in payment, as undertakings are given, the
revisionist shall be liable to vacate the shop-in-question
even before 04.12.2022 according to law.
7. Subject to the aforesaid, this Civil Revision is
disposed of.
___________________
ALOK KUMAR VERMA, J.
Dt: 3rd December, 2021
Pant/ Neha
