Uttarakhand High Court
Vishal Kaushik vs Manoj Kumar Sikhola And Others on 29 February, 2024
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
29TH FEBRUARY, 2024
CIVIL REVISION NO. 33 of 2015
Vishal Kaushik. .....Revisionist
Versus
Manoj Kumar Sikhola and Others. .....Respondents
Counsel for the Revisionist: Mr. Siddhartha Singh,
Advocate.
Counsel for the Respondents: Mr. Nikhil Singhal,
Advocate.
Hon'ble Alok Kumar Verma,J.
Present SCC Revision under Section 25 of the
Provincial Small Cause Courts Act, 1887 has been filed
challenging the judgment and decree dated 12.03.2015,
passed by learned Judge, Small Cause Court/District
Judge, Haridwar in SCC Suit No.06 of 2012, "Manoj Kumar
Sikhola and Others vs. Vishal Kaushik", whereby, the
learned Judge has decreed the suit of the respondents-
plaintiffs for recovery of possession, rent and mesne profit
with other consequential reliefs.
2. Supplementary affidavit (IA No.13928 of 2024),
filed by the revisionist-defendant, is taken on record.
3. Heard Mr. Siddhartha Singh, learned counsel for
revisionist and Mr. Nikhil Singhal, learned counsel for
respondents.
4. Mr. Siddhartha Singh, Advocate, submitted that
by filing the said affidavit (IA No.13928 of 2024), the
revisionist has sought time till 31.03.2025 to vacate the
room-in-question. He (revisionist) also undertakes that he
would continuously pay the occupational charges at the
rate of Rs.1,000/- per month as per the interim order
dated 08.04.2015 and the entire decreetal amount after
adjusting the amount already paid/deposited, as directed
by the learned trial court, to the respondents and further
undertakes not to demolish the said room and not to
sublet the same.
5. Mr. Nikhil Singhal, Advocate, submitted on
instruction, received from the respondents, that the
respondents are ready to grant time to the revisionist till
31.03.2025 to vacate the room-in-question. However,
they (respondents) are requesting to direct the revisionist
to pay Rs.2,000/- per month as directed by this Court on
20.06.2018.
6. During the course of this proceedings, both, Mr.
Siddhartha Singh, Advocate and Mr. Nikhil Singhal,
Advocate, submitted that instructions have been received
from their parties that they have agreed to Rs.1500/- per
month in place of Rs.2,000/- per month with effect from
01.03.2024 till handing over of possession or till
31.03.2025, whichever is earlier. The said amount i.e.
Rs.1500/- will be paid by the revisionist to the
respondents by 7th day of every month.
7. With the consent of learned counsel for the
parties, the present Civil Revision (No.33 of 2015) is being
disposed of. The revisionist is directed to vacate the room-
in-question and hand over the vacant possession of the
said room to the respondents by 31.03.2025. In case of
default in payment or breach of any said conditions, the
revisionist will be liable to vacate the room-in-question
even before 31.03.2025.
8. Consequently, the impugned judgment and
decree dated 12.03.2015 are modified accordingly.
___________________
ALOK KUMAR VERMA, J.
Dt:29.02.2024
Neha
