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2025 DAILYLAW 12347 (UTT)

MAHESH PANJWANI v. GARHWALI SABHA REGISTERED GARHWALI DHARAMSHALA

WPMS/2835/2023 · 2025-07-11

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:6034 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/2835/2023 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Piyush Garg, learned counsel for the petitioner. 2. Mr. Siddhartha Singh, learned counsel for the caveator. 3. Petitioner is tenant in a shop situate Shrawan Nath Nagar, Haridwar. Landlord (respondent herein) filed a suit for eviction before Small Cause Court, Haridwar, which is numbered as SCC Suit No. 15 of 2014. Learned Judge, Small Cause Court dismissed the suit vide judgment dated 25.04.2019. Landlord filed revision under Section 25 of Provincial Small Cause Courts Act, 1887, which was allowed and suit was decreed vide judgment dated 28.07.2023. Thus feeling aggrieved, petitioner (tenant) has filed this writ petition. 4. After arguing for a while, Mr. Piyush Garg, learned counsel for the petitioner submits that petitioner is ready to vacate the shop in question and all he wants is some reasonable time for the purpose. 5. Mr. Siddhartha Singh, learned for the respondent (landlord), submits that he has no objection if some reasonable time is given to the petitioner for vacating the shop in question. 2025:UHC:6034 6. In view of the consensus between the parties, the writ petition is disposed of in following terms: (i) Petitioner shall file an undertaking in the form of an affidavit before the executing court that he will vacate the shop in question and handover peaceful possession thereof, on or before 31.07.2027. Such affidavit shall be filed by him, positively within three weeks from today. (ii) Petitioner shall vacate and handover the possession of vacant shop, in question, to the landlord (respondent) on or before 31st July, 2027, without further extension. (iii) An undertaking to this effect, in the form of affidavit, shall be filed by petitioner before the executing court. (iv) Petitioner shall pay ₹5,000/- per month, w.e.f. 01.07.2025, to the landlord (respondent) for use and occupation of the shop in question. (v) Petitioner 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, petitioner shall not be entitled to protection of this order and he shall be liable to be evicted forthwith. (Manoj Kumar Tiwari, J.) 11.07.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005a a85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.11 06:16:37 -07'00' 2025:UHC:6034