SWAROOP SINGH RAWAT v. SHREE ARYA DHARMA SEWA SANGH
WPMS/2647/2021 · 2025-09-12
Pankaj Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11943 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11943 (UTT) · dailylaw.ai ]
Judgment text
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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
WPMS No.2647 of 2021 Hon’ble Pankaj Purohit, J.
Mr. Lalit Samant, Advocate for the petitioners.
2. Mr. I.P. Kohli, Advocate for the respondent.
3. Mr. Vinod Kumar Mishra, Administrator of Shree Arya Dharma Sewa Sangh, Birla Mandir Marg, New Delhi is present before this Court.
4.
Learned counsel for the petitioners submits that the suit was decreed in favour of the plaintiff/respondent and the civil revision there against was dismissed.
5. Feeling aggrieved by the order of dismissal of the civil revision, the petitioners are before this Court in present writ petition under Article 227 of the Constitution of India.
6.
Learned counsel for the petitioners innocuously prayed for grant of some time to vacate the demised property. He prayed for time for two years to vacate the property.
7. Mr. Vinod Kumar Mishra, Administrator of Shree Arya Dharma Sewa Sangh is present before this Court being duly identified by his counsel Mr. I.P. Kohli. Mr. Mishra is ready, if the time of two years is granted to the petitioners/ defendants to vacate the property, but subject to the condition that the payment of rent should be paid at current market rate of the premises.
8. If the petitioners/defendants shall pay a sum of Rs.15,000/- per month inclusive of the GST to the respondent/plaintiff, he shall be given 2 years time to
2 vacate the demised property.
9. In view of the consensus between the parties, writ petition is disposed of in following terms:-
“(i) Impugned judgments and orders, passed by the courts below, stand confirmed.
(ii) Petitioners shall vacate and handover the possession of vacant shop, in question, to the landlord (respondent) on or before 11.09.2027, without further extension.
(iii) An undertaking to this effect, in the form of affidavit, shall be filed by petitioners before the executing court.
(iv) Petitioners shall pay rupees fifteen thousand per month inclusive of GST, w.e.f. 1.9.2025, to the landlord (respondent) for use and occupation of the shop in question.
(v) Petitioners shall not create third party interest in the shop in question and shall not initiate fresh proceedings on the same cause of action.
(vi) In case of violation of any of the aforesaid conditions, petitioners shall not be entitled to protection of this order and they shall be liable to be evicted forthwith.”
(Pankaj Purohit, J.)
12.09.2025 Ravi