Khalid vs Alladiya'
2025 Latest Caselaw 5342 UK

Uttarakhand High Court

Khalid vs Alladiya' on 7 November, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                                                                       2023:UHC:11211
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      Date    or directions                    COURT'S OR JUDGE'S ORDERS
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                               CLR No. 110 of 2019

                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Avidit Noliyal, learned counsel for the revisionist.

2. Mr. Mohd. Matlub, learned counsel for the respondent.

3. The present revision has been preferred by the revisionist/defendant against the judgment and decree dated 09.08.2019 passed by the Judge, SCC/2nd Additional District Judge, Roorkee, Haridwar, in SCC Suit No. 21 of 2012 'Mohd. Khalid vs. Alladiya'.

4. On 22.02.2019 the Coordinate Bench of this court stayed the operation of judgment and decree, but subsequently the revision was dismissed for want of prosecution on 05.12.2023 and thereafter the restoration application was moved and the order dated 05.12.2023 was recalled and the revision was restored by maintaining the earlier interim order dated 22.10.2019.

5. On 31.10.2025, learned counsel for the revisionist was directed to get the instructions within how much period the revisionist will vacate the property in question and subsequently on 04.11.2025 the revisionist was also directed to pay the entire amount towards the arrear of rent or to appear physically in the court.

6. Pursuant to the previous order, the revisionist is present; the respondent/plaintiff is also present. Learned counsel for the revisionist, on instructions, submits that the revisionist is ready to vacate the property in question; however, for vacating the same he wants one year time.

7. Learned counsel for the respondent have not object on this proposal.

8. Learned counsel for the revisionist also submits that the revisionist will pay the arrear of rent at the rate of Rs. 1,000/- per month and he will clear the arrear on or before vacating the shop in question. He also submits that the revisionist 2023:UHC:11211 will pay the regular monthly rent on each and every month at the rate of Rs. 1,000/- per month.

9. Subject to the undertaking as given above, the present revision is disposed of finally with a direction to the revisionist to vacate the property in question on or before 31.12.2026 and within the said period he will clear the entire arrear of rent at the rate of Rs. 1,000/- per month and will pay the regular monthly rent to the respondent/plaintiff.

10. In reference to the aforesaid undertaking, the revisionist shall file the undertaking before the SCC court within two weeks from today. It is made clear in breach of any undertaking as given above, the respondent/plaintiff is free to proceed against the revisionist.

(Rakesh Thapliyal, J.) 07.11.2025 PR 2023:UHC:11211