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2025 DAILYLAW 11069 (UTT)

ASHWANI KUMAR v. ISHWAN KUMAR ARORA

CLR/93/2025 · 2025-09-24

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:8596 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLR No.93 of 2025 Hon’ble Rakesh Thapliyal, J 1. Mr. K.K. Tiwari and Mr. Suraj Pandey, learned counsel for the revisionist. 2. Mr. Nikhil Singhal, learned counsel for the caveator. 3. The respondent/plaintiff filed suit for ejectment and the arrears of rent as a Small Causes Case Suit No.25 of 2017, “Ishwan Kumar Arora versus Ashwani Kumar”, which was decreed by the IVth Additional District, Judge, Haridwar by judgement and decree dated 20.08.2025. 4. Now the said order has been assailed by the revisionist/tenant on the several grounds, however, today, the counsel for the revisionist, on instruction, submits that the revisionist is ready to vacate the shop in-question, however, the revisionist wants one year’s time to vacate. 5. Learned counsel for the revisionist submits that before vacating the shop in question, the revisionist will clear the decretal amount within three months and will also pay the increased monthly rent of the shop regularly each month to the respondent. 6. Mr. Nikhil Singhal, learned counsel who appears for the respondent-plaintiff accepts the proposal of revisionist. 7. In view of the submission as advanced by learned counsel for the parties, the present civil revision is disposed of finally by granting one year’s 2025:UHC:8596 time to the revisionist to vacate the shop in-question and the one year’s period will be computed from today with a further direction that the revisionist will pay the entire decretal amount to the respondent within a period of three months with a further direction that the revisionist will pay monthly rent as determined by the judgment and decree to the respondent. 8. It is made clear that during this period the revisionist will not sublet the shop in-question to any party and will also not create any third party interest. 9. It is also made clear that in reference to the undertaking as given above whereby one year’s time is granted to the revisionist to vacate the shop in-question, the revisionist shall file undertaking before the Judge, Small Causes Court within 15 days from today. (Rakesh Thapliyal, J.) 24.09.2025 R.Bisht 2025:UHC:8596