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CLR/12/2023
2023 Latest Caselaw 939 UK

Citation : 2023 Latest Caselaw 939 UK
Judgement Date : 6 April, 2023

Uttarakhand High Court
CLR/12/2023 on 6 April, 2023
                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                         COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      06.04.2023                        CLR No.12 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. Jagdish Chandra Belwal, learned counsel for the revisionist and Mr. Alok Dalakoti, learned counsel for the respondent.

This Court had directed on 31.01.2023 that the eviction of the revisionist in pursuance to the impugned judgment dated 05.01.2023, would be kept in abeyance till the next date of listing subject to the following conditions:-

i. That the revisionist continues to pay rent by 10th of each month. ii. That he would deposit the entire decreetal amount as referred to in para 27 of the judgment within a period of six weeks from the date of receipt of the certified copy of the interim order. iii. During the pendency of the SCC Revision, he will not alter or change the nature of the property in any manner whatsoever, except with prior written consent of the landlord. iv. He further assures that during the intervening period when the revision is pending, he will not be inducting any sub tenant as such.

Mr. Alok Dalakoti, learned counsel for the respondent, submitted that in compliance of the said order dated 31.01.2023, revisionist has neither deposited the decreetal amount nor is paying the rent.

On 05.04.2023, Mr. Jagdish Chandra Belwal, learned counsel for the revisionist, had sought time to get instructions from the revisionist.

Today, he submitted that the son of the revisionist is not well, therefore, order dated 31.01.2023 could not be complied with.

No medical document has been filed in support of the above submission nor has time been sought for filing medical document.

In the said circumstances, stay order dated 31.01.2023 stands vacated.

List on 20.05.2023 for final hearing.

(Alok Kumar Verma, J.) 06.04.2023 Shubham

 
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