Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 16670 (UTT)

AMARJEET SINGHMAKKAR v. SUDARSHAN KUMAR

CLR/133/2023 · 2025-11-28

Rakesh Thapliyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 133 of 2023 Hon’ble Rakesh Thapliyal, J. (Through V.C.) 1. Mr. Siddhartha Singh, learned counsel for the revisionist. 2. Mr. M.S. Tyagi, learned senior counsel assisted by Mr. Chandra Prakash, learned counsel for the respondent. 3. The instant revision has been preferred by the revisionist against the judgment and decree dated 01.09.2023 passed by III Additional District Judge, Rudrapur, District Udham Singh Nagar, in SCC Case No. 4 of 2019 ‘Sudarshan Kumar vs. Amarjeet Singh Makkar’. The instant revision was admitted on 11.09.2025 and the judgment and decree was also stayed. 4. On the previous date learned counsel for the revisionist was asked to get instructions within how much period the revisionist shall vacate the shop in question and in compliance thereof an affidavit has been filed by the revisionist on 20.11.2025 by stating therein that the revisionist is ready to vacate the shop in question, however, 18 months time may be given. The respondent/plaintiff the owner of shop also filed an affidavit giving acceptance of the proposal to the revisionist within 18 months. 5. The matter was listed yesterday and learned counsel submits that the monthly rent be increased and on this learned counsel Mr. Siddhartha Singh requests that the matter be posted tomorrow (29.11.2025) so that he may get the instructions in this regard. 6. Today, Mr. Siddhartha Singh on instructions submits that the petitioner/revisionist already cleared the entire arrear of rent and for the month of December he has already paid the rent in advance, however, the revisionist is ready to pay the monthly rent from January, 2026 till the shop is vacated at the rate of Rs. 8,000/- per month. 7. Since, now the revisionist filed an affidavit giving an undertaking that he will vacate the shop in question within 18 months and also ready to pay now the monthly rent from January, 2026, at the rate of Rs. 8,000/- per month regularly in such view of the matter, the present revision is disposed of finally with the direction to the revisionist to vacate the shop in question in view of the undertaking as given in the affidavit filed on 22.11.2025 on or before 31.05.2027 and will ensure to pay monthly rent from January, 2026 at the rate of Rs. 8,000/- per month regularly. 8. It is further made clear that if the revisionist breach any of the undertaking as given in the affidavit the respondent/plaintiff is free to apprise this court by making mention so that proper steps be taken against the revisionist. (Rakesh Thapliyal, J.) 28.11.2025 PR