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2025 DAILYLAW 156112 (ALL)

SHRIKANT MISHRA and ORS. v. APPELLATE AUTHORITY/ ADD.DISTT.JUDGE COURT NO. 16 and ORS.

WRIA/19128/2016 · 2025-05-05

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25947 Court No. - 6 Case :- WRIT - A No. - 19128 of 2016 Petitioner :- Shrikant Mishra And Ors. Respondent :- Appellate Authority/ Add.Distt.Judge Court No. 16 And Ors. Counsel for Petitioner :- Sheikh Wali Uz Zaman Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit filed today by learned counsel for the petitioners, is taken on record. 2. Heard counsel for the petitioners. No appears for the respondents. 3. Present petition has been filed challenging the order dated 24.11.2009, whereby the release application preferred by the respondents-landlord was allowed as well as the order dated 28.04.2016, whereby the appeal was dismissed. 4. A perusal of the two impugned orders records that the release was sought on account of personal need which was found to be correct after appreciation of evidence as the finding of fact has been recorded, no interference is called for. 5. At this stage, counsel for the petitioners seeks sometime to vacate the premises, as such, the petitioners are granted six months' time to vacate the premises subject to petitioners executing an undertaking in form of an affidavit before the trial court within a period of 15 days from today and undertake to vacate the premises on or before 31.12.2025 and to hand over the physical possession to the landlord or no one else. In case, no undertaking is filed, the benefit of extension of time shall come to an end and decree shall be executed forthwith. 6. Let a copy of this order be sent to the trial court for compliance. 7. The petition is disposed of. Order Date :- 5.5.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench