CLR/16/2020
2021 Latest Caselaw 952 UK

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                                     IA No.4379 of 2021 (Modification Application)
                                     In
                                     CLR No.16 of 2020
                                     Hon'ble Sharad Kumar Sharma, J.

Ms. Gurbani Singh, Advocate, for the revisionist.

Mr. Ramji Srivastava, Advocate, for the respondents.

This civil revision has been preferred by the revisionist against the judgment and order dated 16.09.2019, which was passed by the Judge, Small Causes Court/4th Additional District Judge, Dehradun, in SCC Suit No.50 of 2017, "Smt. Beena Goyal and another Vs. Mayur Gupta", decreeing the suit for eviction and payment of arrears of rent, as directed therein.

While admitting the civil revision, the interim order was passed by the Coordinate Bench of this Court on 19.03.2020, whereby the direction was issued to the revisionist to deposit 40% of the decreetal amount within a period of two months. Against this order, the respondent had preferred a SLP, being SLP No.10806 of 2020, before the Hon'ble Apex Court, which was dismissed vide judgment and order dated 14.10.2020, with the liberty left open to the applicant/respondent, to file a modification application before the High Court. Hence, the modification application before this Court, wherein, the applicant/respondent has prayed that the interim order dated 19.03.2020, be modified and the petitioner may be directed to deposit entire arrears of decreetal amount in place of 40%.

In that view of the matter, the interim order dated 19.03.2020, is modified and the revisionist is directed to deposit the balance amount of 60% of the decreetal, amount before the court below within a period of one month from today.

The Registry is also directed to list this matter next week, showing the name of Mr. Ramji Srivastava, as counsel for the respondents.

The interim order dated 19.03.2020, is extended till the next date of listing, subject to the compliance of the above conditions.

(Sharad Kumar Sharma, J.) 17.03.2021

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