CLR/160/2019
2021 Latest Caselaw 5197 UK

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      16.12.2021                        CLR No. 160 of 2019
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Ankit Sah, learned counsel holding brief of Mr. Sumit Bajaj, learned counsel for the revisionist and Mr. Saurabh Pandey, learned counsel for the respondent.

The present Civil Revision has been preferred under Section 25 of the Provincial Small Cause Courts Act, 1887, against the judgment dated 31.10.2019, passed by the learned Small Cause Court/VIth Additional District Judge, Dehradun in SCC Suit No.31 of 2016, "Smt. Sarwari vs. Mohd. Akhtar", whereby, the suit of the respondent/ plaintiff for recovery of possession and recovery of arrears of rent and mesne profit has been decreed.

The learned counsel appearing for the revisionist submitted that rest of rent and mesne profit have been deposited by the revisionist before the learned Executing Court in Executing Case No.21 of 2019, "Smt. Sarwari vs. Mohd. Akhtar".

The learned counsel for the respondent requested to permit the respondent to withdraw the said amount.

The learned counsel appearing for the revisionist has no objection.

The respondent is free to withdraw this said amount, deposited by the revisionist before the said Executing Court.

List this case on 15.02.2022 for final hearing.

Till then, as an interim measure, it is directed that the effect and operation of the impugned judgment and decree dated 31.10.2019, passed by the learned VIth Additional District Judge, Dehradun in SCC Case No.31 of 2016, shall remain stayed.

(Alok Kumar Verma, J.) 16.12.2021

Pant/