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2025 DAILYLAW 139819 (ALL)

FATEH CHANDRA GUPTA v. ADDITIONAL DISTRICT JUDGE COURT NO.4 LAKHIMPUR KHERI and ORS.

WRIA/1000152/2013 · 2025-05-02

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25539 Court No. - 6 Case :- WRIT - A No. - 1000152 of 2013 Petitioner :- Fateh Chandra Gupta Respondent :- Additional District Judge Court No.4 Lakhimpur Kheri And Ors. Counsel for Petitioner :- Mohd.Aslam Khan,Upendra Singh Counsel for Respondent :- Krishna Kumar Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging the orders dated 31.10.2013 and 11.01.2013, passed by the opposite party nos. 1 and 2 whereby the SCC Suit was decreed in favour of the landlord and the revision was dismissed. 3. After arguing the matter at some length, the counsel for the petitioner prays that sometime may be granted to vacate the premises as the shop in question is a commercial shop. 4. In view of the said statement, the petitioner is granted time one year's time to vacate the premises subject to his executing an undertaking in the form of an affidavit before the JSCC Court to vacate the premises on or before 30.04.2026 and the amount of rent in arrears if any in terms of the order passed by this Court shall also be paid within a period of one month. In the event of failure to file undertaking or to payment of amount of rent and arrears, if any, within a period of one month, this order shall come to an end and the decree shall be executed forthwith. 5. The writ petition is disposed of in terms of the above. 6. This order has been passed in the presence of Sri Krishna Kumar Singh, learned counsel for the respondents. Order Date :- 2.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench