CLR/183/2017
2023 Latest Caselaw 3316 UK

             Office Notes, reports,
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             Registrar's order with
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                                      CLR No. 183 of 2017
                                      Hon'ble Vivek Bharti Sharma, J.

Present Mr. Piyush Garg, counsel for the revisionists.

Present Mr. Bindesh Kumar Gupta, counsel for the respondent appeared through V.C.

2. Present revision is preferred against the judgment and order dated 19.12.2017 passed by Judge S.C.C./1st Addl. District Judge, Haldwani, District Nainital in S.C.C. Suit No. 10 of 2011, whereby the suit filed by the respondent/plaintiff/landlord has been decreed and the revisionists/tenants have been directed to vacate and handover the peaceful possession of the property in question within two months to the respondent/landlord.

3. Vide order dated 20.10.2023, this Court granted time to the counsel for the respective parties to get instructions from their client about the property in question.

4. In compliance of the same, counsel for the respective parties would submit at Bar that settlement has taken place between the parties, whereby the revisionists/tenants are ready to vacate the property in question on or before 31.12.2024 and counsel for the respondent/landlord would submit that he has no objections to the same provided the revisionists/tenants shall handover the possession of the premise to the respondent/landlord on 31.12.2024 and shall pay the entire decretal amount to the respondent/landlord.

6. In view of the above, the revisionists/tenants are directed as under:

i. Revisionists/tenants shall handover peaceful vacant actual possession of the property in question to the respondent/landlord on or before 31.12.2024.

ii. Revisionists/tenants shall deposit the entire decretal amount before the concerned trial court on or before 31.12.2024 after deducting the amount already deposited.

iii. An undertaking to the above effect shall be filed in the shape of affidavit by the revisionists/tenants before the trial court within two weeks.

iv. If revisionists/tenants fail to handover the actual vacant physical possession to the respondent/landlord on or before 31.12.2024, the respondent/landlord shall be at liberty to take possession of the property in question in accordance with law.

7. The revision stands disposed of accordingly.

(Vivek Bharti Sharma, J.) 01.11.2023 Akash