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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
CLR No.42 of 2023 Hon’ble Rakesh Thapliyal, J.
Mr. Narayan Har Gupta, Advocate for the revisionists.
2. Mr. Bhuwan Bhatt, Advocate for the respondents/caveators.
3. The instant revision has been preferred by the revisionists against the judgment and decree dated 04.02.2023 passed by Judge, SCC Court/First Additional District Judge, Haridwar in SCC Case No.02 of 2018, Omprakash Sharma and another vs. Lokesh Gupta and others, whereby, the suit of the plaintiff/respondent was
decreed. The suit was filed by the respondent/plaintiff against the revisionist/defendant for eviction, arrears of rent and the damages. There is no dispute that the respondent/plaintiff is the landlord of the shop in question and revisionist is the tenant. On the previous date, counsel for the revisionists was directed to get instruction within how much time the revisionist shall vacate and on the previous date, the revisionist was present with her son who is serving as a Software Engineer in a Company at Sidcul, Haridwar. The matter is posted for today, so that, the counsel for the revisionists may further get the instruction. Today, in pre lunch session, the counsel for the revisionists proposes four years time to vacate, but the time as proposed appears to be completely unreasonable. Therefore, the matter is posted after lunch and after lunch, counsel for the revisionists on instruction submits that the revisionist is ready to vacate the shop in question,
2 however, she wants a reasonable time of two years and the counsel for the respondents/plaintiffs accept such proposal, however, he proposes to increase the rent since the shop is located in a prime place. On such a proposal, Mr. Narayan Har Gupta, counsel for the revisionists accepts the same and submits that the revisionist is ready to pay the monthly rent from January, 2026 @ Rs.1500/- per month. The revisionist is also present through V.C. and the respondent/landlord is also present in Court. Both of them are identified by their respective counsel and both of them now exchanged their proposal and accepted the same.
4. In such view of the matter, the present revision is
disposed of finally with the direction to the revisionists to vacate the shop in question on or before 31.12.2027 and the revisionist shall pay simultaneously from January, 2026 the monthly rent @ Rs.1500/- per month. To the aforesaid undertaking, the revisionists shall file an affidavit before the SCC Court positively within two weeks from today.
5. It is made clear that if the revisionists did not vacate the shop in question on or before the period as stipulated above, the judgment and decree passed by the SCC Court shall revive and the executing court shall take immediate step to enforce the decree against the revisionists.
(Rakesh Thapliyal, J.)
22.12.2025 Ravi