CLR/50/2023
2023 Latest Caselaw 1409 UK

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                                  CLR No. 50 of 2023
                                  Hon'ble Pankaj Purohit, J.

Mr. Gaurav Singh, learned counsel for the revisionist.

2. Mr. Nikhil Singhal, learned counsel for the respondent.

3. This instant Civil Revision has been directed against the judgment and order dated 09.02.2023, passed by Judge, Small Causes Courts/IIIrd Additional District Judge, Haridwar in Civil Misc. Case No. 16 of 2021, "Ashok Kumar Vs. Suresh Kumar", whereby an application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 has been dismissed.

4. Heard learned counsel for the parties.

5. Learned counsel for the revisionist submitted that a supplementary affidavit is filed on behalf of the revisionist - Ashok Kumar, by which, it has been stated that the revisionist, who is a tenant, in the demised property is ready and willing to vacate the property within six months from today. He further stated that the revisionist will deposit the entire decretal amount before the executing court.

6. The revisionist is hereby given six months time to vacate the premises and to deposit the entire decreetal amount within three months from today, before the executing Court.

7. In default of any terms and conditions of this order as well as the supplementary affidavit, the respondent - plaintiff will be at liberty to pursue the execution application which is already filed before the court below.

8. It is also directed that the revisionist shall continue to pay mesne profit paid by the trial court @ of `300 per day, during the period of six months.

9. In view of the above, Civil Revision is disposed of.

(Pankaj Purohit, J.) 19.05.2023

Shubham