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2025 DAILYLAW 178148 (ALL)

YOGENDRA NARAYAN v. NISHEETH RASTOGI AND ANOTHER

/17/2025 · 2025-11-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW S.C.C. REVISION No. - 17 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard Shri M.E. Khan, learned counsel for the revisionist and Shri Siddhant Mani Tripathi, learned counsel appearing under the authority of Shri Vidya Dhar Upadhyay, learned counsel for the respondents. 2. The record would indicate that the parties had entered into a settlement and the same was also noticed by this Court in its order dated 14.11.2025, which read as under:- "Heard Sri M.E. Khan learned counsel for the petitioner and Sri Vidya Dhar Upadhyay learned counsel for the respondent. It has been informed by the counsel for the parties that they have arrived at settlement in furtherance whereof the petitioner shall be vacating the premise by 15.08.2026 and the petitioner shall continue to pay rent/damages to the respondent @ of Rs.60,000/- per month. Sri Vidya Dhar Upadhyay learned counsel for the respondent does not dispute the fact however, the fact remains that the settlement which has been arrived at needs to be placed on record and it will be open for the revisionist to file the same before 24.11.2025 and give his undertaking that he would abide by the settlement arrived between the parties. List on 24.11.2025 as fresh." Versus Counsel for Revisionist(s) : Mohammad Ehtesham Khan Counsel for Opposite Party(s) : Vidya Dhar Upadhyay, Prateek Singh, Siddhant Mani Tripathi Yogendra Narayan .....Revisionist(s) Nisheeth Rastogi And Another .....Opposite Party(s) 3. In furtherance thereof, the revisionist has filed a supplementary affidavit of Shri Yogendra Narayan, the revisionist, wherein he undertakes to vacate the shop in question situate in House No.2/144, Vijay Khand, Gomti Nagar, Lucknow by 15.08.2026. 4. It has also been stated that the revisionist shall pay a monthly rent of Rs.60,000/- per month in respect of the shop in question from the month of September, 2025 upto 15.08.2026 i.e. the date on which the shop in question would be vacated. 5. It has also been agreed by the parties as indicated by the learned counsel for the parties that the trial Court had already noticed in Para-35 of its judgment that the rent upto the date of passing of the judgment dated 01.09.2025 has been paid. Accordingly, from 01.09.2025, the revisionist shall pay a sum of Rs.60,000/- and to that extent, the judgment of the trial Court be modified. 6. Shri Tripathi, learned counsel for the respondents submits that the aforesaid conditions are acceptable on the basis of the instructions. 7. This Court noting the contents of the supplementary affidavit as well as the submissions advanced by the learned counsel for the parties records that the order passed by the trial Court shall stands modified only to the extent that the payment of damages will be paid from 01.09.2025 by the revisionist to the respondents @ Rs.60,000/- per month upto the date by which the shop shall be vacated i.e. latest by 15.08.2026. 8. In view of the aforesaid, the revision is disposed of in the aforesaid terms. In case, if the revisionist violates the undertaking given by him, it shall be construed as contempt of the order passed by this Court. 9. With the aforesaid, the revision stands disposed of in the aforesaid terms. November 26, 2025 Rakesh/- SCCR No. 17 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench