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2025 DAILYLAW 162798 (ALL)

NABI SHER KHAN v. MOHD. UMAR

/5383/2025 · 2025-09-11

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5383 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard the counsel for the petitioner and Sri Rakesh Kumar, who appears for the respondent landlord. 2. The present petition has been filed by the petitioner challenging the order dated 02.08.2025. 3. From the records, it transpires that a suit for arrears of rent and ejectment was filed by the respondent but was decreed by the JSC Court on 16.08.2023 only with regard to the relief for decree of ejectment. The landlord as well as the tenant i.e. the present petitioner, filed two separate revisions being Revision No.8 of 2023 and Revision No.9 of 2023. The revision filed by the tenant being Revision No.8 of 2023 was dismissed and thereafter the Writ Petition was also dismissed by this Court on 20.08.2025. The revision filed by the landlord being Revision No.9 of 2023 came to be allowed on 02.08.2025 whereby the decree was passed insofar as it relates to the recovery of rent and the amount has been fixed at Rs.11200/-. 4. The counsel for the petitioner and the respondent states that in case the petitioner vacates the premises within a period of two months, the respondent landlord shall not execute the decree dated 02.08.2025 and shall give up his claims flowing from the order dated 02.08.2025. 5. In view thereof, the present petition is disposed off holding that in case the petitioner vacates the shop in question on or before 15.11.2025, the Versus Counsel for Petitioner(s) : Suresh Chand Rathour Counsel for Respondent(s) : Rakesh Kumar Nabi Sher Khan .....Petitioner(s) Mohd. Umar .....Respondent(s) decree dated 02.08.2025 shall not be executed. 6. The petitioner shall file an affidavit in the form of undertaking before the JSC Court that he would vacate the shop in question on or before 15.11.2025 and handover the vacant and physical possession to the landlord and no one else. 7. In the event of default, the decree shall be executed forthwith. September 11, 2025 VNP/- A227 No. 5383 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench