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2025 DAILYLAW 143383 (ALL)

YOGESH KUMAR AND ANOTHER v. ADDL. DISTT. JUDGE COURT NO III LAKHIMPUR KHERI AND OTHERS

A227/2654/2022 · 2025-05-22

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:30644 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2654 of 2022 Petitioner :- Yogesh Kumar And Another Respondent :- Addl. Distt. Judge Court No Iii Lakhimpur Kheri And Others Counsel for Petitioner :- Avadhesh Kumar,Samarth Saxena Counsel for Respondent :- Vijay Krishna Srivastava Hon'ble Pankaj Bhatia,J. 1. Heard Shri Samarth Saxena, learned counsel for the petitioner and Shri Ashish Chaturvedi, learned counsel for the respondent. 2. The present petition has been filed challenging the order dated 29.8.1998 passed by the SCC Court whereby the suit was decreed against the petitioners as well as the judgement and order dated 30.4.2022 whereby the revision too was dismissed. 3. After arguing at some length, learned counsel for the petitioner states that he confines his prayer to grant some time to vacate the premises in question. 4. In view of the aforesaid statement of the learned counsel for the petitioner, the petition is disposed of finally permitting the petitioner to continue in the premises upto 31.3.2026 subject to the petitioners filing an undertaking before the SCC Court in the form an affidavit undertaking to vacate the premises in question on or before 31.3.2026 and to handover the vacant and physical possession of the shop in question to the landlord and no one else and to deposit the decreetal amount within a period of two months from today. 5. In the absence of either filing of the undertaking or depositing the the decreetal amount, the trial court shall execute the decree within a period of four months and a report shall be sent to this Court. 6. Senior Registrar of this Court is directed to communicate this order to the executing court through the District Judge, Lakhimpur Kheri, for its compliance. Order Date :- 22.5.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench