Rama Vishnoi And Others vs Smt. Indra Rani"
2022 Latest Caselaw 1040 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                    31ST MARCH, 2022

               SECOND APPEAL NO. 45 of 2021

Between:

Smt. Rama Vishnoi and Others                    .....Appellants.


and

Smt. Indra Rani                                  ...Respondent.


Counsel for the Appellants      : Mr. M.S. Tyagi, learned
                                  Senior Advocate
                                  assisted by Mr. Pulak
                                  Agarwal, learned counsel.

Counsel for the Respondent : Mr. Piyush Garg, learned
                             counsel.

Hon'ble Alok Kumar Verma,J.

This Second Appeal has been filed against the

judgment and decree dated 09.03.2021, passed by the

learned IIIrd Additional District Judge, Rudrapur, District

Udham Singh Nagar in Civil Appeal No.17 of 2016, "Smt.

Rama Vishnoi and Others vs. Smt. Indra Rani", whereby,

the First Appeal, filed by the appellants-defendants, has

been dismissed.

2. Heard Mr. M.S. Tyagi, the learned Senior

Advocate assisted by Mr. Pulak Agarwal, the learned

counsel for the appellants and Mr. Piyush Garg, the

learned counsel for the respondent.

3. Mr. M.S. Tyagi, the learned Senior Advocate

appearing for the appellants, submitted that the appellants

undertake to vacate the premises-in-question within two

years from today and requested to waive the damages, as

decreed by the learned trial court. During the arguments,

the learned Senior Advocate filed an application before the

Court mentioning the aforesaid submissions.

4. Mr. Piyush Garg, the learned counsel for the

respondent, has given his consent on the said undertaking

and submitted that the respondent is ready to give two

years to the appellants to vacate the premises-in-

question, however, he submitted that the respondent is

not ready to waive full damages, as awarded by the

learned trial court. He further submitted that son of the

respondent is present before the Court and according to

him (the son of the respondent), the respondent is ready

to give time for two years to vacate the premises-in-

question.

5. During the course of the proceedings, the

respondent agrees to waive 50% of the damages, as

awarded by the learned trial court. The learned Senior

Advocate appearing for the appellants submitted that the

appellants are ready to pay 50% of the damages, as

awarded by the learned trial court within one month from

today.

6. The learned counsel for the parties requested to

dispose of the present Second Appeal in the light of the

undertakings and the consent given by the parties.

7. The application, filed by the learned Senior

Advocate appearing for the appellants, is taken on record.

8. The instant Second Appeal is being decided in

terms of the undertakings given by the appellants to

vacate the premises-in-question within two years from

today and to pay 50% of the damages, as awarded by the

learned trial court, within one month from today.

9. The appellants are directed to file an affidavit

before the concerned Executing Court to the effect that

the appellants will not change the nature of the premises-

in-question and the vacant possession of the premises-in-

question will be handed over by the appellants to the

respondent after the expiry of the said period, i.e. two

years from today and the appellants will not create any

third party interest.

10. It is clarified that the appellants may not be

evicted from the premises-in-question before two years

from today, but, in case of default in payment of aforesaid

damages, the appellants will be liable to vacate the

premises-in-question even before two years from today,

but, according to law.

.

___________________ ALOK KUMAR VERMA, J.

Dated: 31st March, 2022 JKJ/Neha