Neutral Citation No. - 2025:AHC-LKO:8759 Court No. - 7 Case :- S.C.C. REVISION DEFECTIVE No. - 5 of 2025 Revisionist :- Arun Kumar Bhatacharya Opposite Party :- Additional District Judge, Room No. 3, Lucknow And Another Counsel for Revisionist :- Anand Pal Singh,Avinash Singh Counsel for Opposite Party :- Abhishek Srivastava Hon'ble Pankaj Bhatia,J. Order on I.A. No.1 of 2025: 1. The application seeks condonation of delay in filing the revision. 2. Cause shown is sufficient. 3. Delay in filing the revision is condoned. 4. The application is accordingly allowed. Order on I.A. No.NIL of 2025 dated 10.02.2025: 5. The application has been filed seeking to amend and include the heirs of respondent no.2 who had died during the pendency of the suit. 6. The application is allowed. 7. Revisionist is permitted to make necessary correction in the array of parties and upload the same on e-portal within three days from today. Order on Revision: 8. Heard learned counsel for the revisionist and Shri Pritish Kumar, learned counsel for the respondent. 9. Present revision has been filed challenging the order dated 13.12.2024 whereby objections filed under Section 47 CPC to the execution were rejected as well as the order dated 08.01.2025. 10. The facts, in brief, are that a suit for eviction and arrears of rent was filed which was decreed ex-parte by the JSC Court on 30.01.2016. No modification was filed against the said order and an application was filed under Order 9 Rule 13 of CPC seeking recall of the ex-parte judgment dated 30.01.2016. As there were non-compliance of Section 17 of the Provincial Small Cause Courts Act, the said application was rejected against which a petition being Matters Under Art. 227 No.29477 of 2019 was preferred. No interim order was granted to the petitioner. Ultimately, the said petition came to be rejected for want of prosecution on 20.11.2024. In the meanwhile, the landlord pressed the execution against which objection was filed. The said objection was rejected by means of the order impugned dated 13.12.2024. Against the said order, a recall application was filed which too has been rejected vide order dated 08.01.2025. 11. Learned counsel for the revisionist states that the revisionist is ready and willing to vacate the premises and also ready to furnish a part of the decreetal amount in some time, which may be granted by this Court. 12. Learned counsel for the respondent has no objection to grant of reasonable time. 13. In view thereof, present revision is disposed off directing the revisionist to file an undertaking before the JSC Court within a period of two weeks from today that he shall vacate and handover the vacant and physical possession of the property in question on or before 14.04.2025 to the landlord and to no one else. 14. The revisionist shall also deposit the amount of Rs.2,00,000/- (Rupees Two Lakh) towards the decreetal amount within the said period of two months i.e. on or before 14.04.2025, before the executing Court which shall be paid to the landlord in accordance with law. 15. For the rest of the amount, the revisionist shall undertake to cooperate with the execution. 16. The execution for the balance amount over and above the amount of Rs.2,00,000/- shall proceed in accordance with law and shall be decided expeditiously. 17. In the failure to file the undertaking within a period of two weeks from today, the respondent would be at liberty to execute the decree in accordance with law. Order Date :- 11.2.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench