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WPMS/3006/2023
2023 Latest Caselaw 3381 UK

Citation : 2023 Latest Caselaw 3381 UK
Judgement Date : 7 November, 2023

Uttarakhand High Court
WPMS/3006/2023 on 7 November, 2023
             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                  COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures

                                      WPMS No.3006 of 2023
                                      Hon'ble Vivek Bharti Sharma, J.

Present Mr. Siddhartha Singh, counsel for the petitioner.

2. Present Mr. Naitik Bhatt, counsel holding brief of Mr. Piyush Garg, counsel for the respondent.

3. Counsel for the petitioner would submit that the petitioner/tenant had filed the revision against the impugned judgment of eviction; that, in the revision a compromise, arrived at between the petitioner/tenant and the respondent/landlord, was filed to the effect that the parties have settled the matter amicably and as per the terms and conditions of the compromise the entire decretal amount has been paid and the possession of tenanted premises in question had been handed over to the respondent/landlord, besides, in lieu of the delivery of the possession of the tenanted premises in question, the respondent/landlord gave another shop on rent to the petitioner/tenant.

He would further submit that the revision was disposed of on the submissions of the respective parties, however, the compromise stated above was not made part of the final order in revision; that, now the respondent/landlord has filed the execution for realization of the decretal amount i.e. the arrears of the rent etc. wherein the Execution Court has issued warrants of arrest of the revisionist/tenant.

4. Mr. Naitik Bhatt, Counsel appearing on behalf of Mr. Piyush Garg, Advocate for the respondent/landlord seeks adjournment on the ground that main counsel Mr. Piyush Garg, Advocate is busy in another Court, which is strongly objected by counsel for the petitioner/tenant.

5. However, in the interest of justice, case is adjourned.

6. Put up on 26.12.2023.

7. Meanwhile, the proceedings of the Execution Case No.02 of 2022, "Sudha Rani Vs. Jaipal Singh" shall remain stayed.

8. Stay application (IA No.1 of 2023) stands disposed of.

(Vivek Bharti Sharma, J.) 07.11.2023 BS

 
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