2025:UHC:11623 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. Single No. 3449 of 2025 29 December, 2025 Akbar Hussain --Petitioner Versus Shambhunath & another --Respondents ---------------------------------------------------------------------- Presence:- Mr. Kurban Ali, learned counsel for the petitioner. Ms. Monika Pant, learned counsel for the respondents (appeared through V.C.). ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. This writ petition has been filed by the petitioner for the following reliefs:- “(i) Issue an appropriate writ order or direction to set- aside the impugned order dated 30.10.2025 passed by the Additional District Judge, Kashipur, in Revision No.02 of 2025 and order dated 28.02.2025 passed by learned SCC Court/Civil Judge (Sr. Division), Kashipur in SCC Suit No.8 of 2017 (Computer No.9 of 2017). (Annexure no.9 & 11). (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to evict/to permit the petitioner in shop on monthly rent basis without adopting due process of law.” 2. Without pressing the writ petition on its merits, at the outset, learned counsel for the petitioner submits that he may be granted two years’ time from today, i.e., till 29.12.2027 to handover peaceful and vacant possession of the subject shop to the respondents landlord. 3. Although, in the facts and circumstances of the case, the petitioner is not entitled for any indulgence 2025:UHC:11623 2 from this Court, but still, in the interest of justice, the petitioner is granted time upto 29.12.2027 to handover peaceful and vacant possession of the subject shop to the respondents/landlord. 4. In view thereof, this writ petition is disposed of in following terms to obviate further delay:- A. The petitioner shall handover peaceful and vacant possession of the subject shop to the respondent/landlord on or before 29.12.2027. B. The petitioner shall pay/deposit the entire decretal amount, if any, with the Court below within one month from today; the said Court, in turn, will release the said amount to the respondent in accordance with law. C. The petitioner-tenant shall pay a rent/user-charges of Rs.5,000/-per month as mesne profit, during the period of two years on or before 10th day of every month. D. The petitioner shall furnish an undertaking to this effect before the learned court below within a week from today. E. If the petitioner fails to honour the aforesaid undertaking, this order would be deemed to have been vacated automatically and the respondent-landlord shall be free to execute the decree in question in accordance with law. 5. Registrar (Judicial) is directed to intimate the Court concerned accordingly. 6. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) 29.12.2025 AK