Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63676 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 1729 of 2025 Petitioner :- Nazar Mohammed And Another Respondent :- Manish Samaiya Counsel for Petitioner :- Aman Ahsan,Jaysingh Yadav,Shivam Yadav Counsel for Respondent :- Manish Kumar Jain,Susheela Pandey Hon'ble Neeraj Tiwari,J. Heard Sri Aman Ahsan, learned counsel for the petitioners and Sri Manish, learned counsel for the respondents. Present petition has been filed challenging the order dated 29.02.2024 passed by learned Additional Civil Judge (Senior Division), Lalitpur in SCC Suit No. 700005 of 2024 as well as
order dated 21.12.2024 passed by learned Additional District Judge-I, Lalitpur in SCC Suit No. 700005 of 2024. Case was heard on 20.03.2025 and Court has passed following
order;
"1. Heard Sri Shivam Yadav, learned counsel for petitioners and Sri Manish Kumar Jain, learned counsel for respondents.
2. After some argument, when the Court was inclined to dismiss the petition,
learned counsel for petitioner prays for and is granted three days time to seek instruction from his client.
3. Put up this case as on fresh on 27.03.2025. " Pursuant to order dated 20.03.2025, learned counsel for the petitioners based upon instruction submitted that petitioners are ready to vacate the house in question, therefore, they may be granted some reasonable time for the same. Sri Manish Kumar, learned counsel for the respondent has no objection to the submission raised by learned counsel for the petitioners, but he submitted that petitioners may be directed to submit affidavit to deposit the entire decretal amount and pay rent from month to month basis till the vacation of premise. I have considered the rival submissions raised by learned counsel for the parties. Considering the fact that petitioners are ready to vacate the house
in question, they are granted one year time to vacate the same from today with following condition; (i) Petitioners are directed to file affidavit within two weeks from today before learned Additional Civil Judge (Senior Division), Lalitpur to vacate the premise in question within the time given by the Court; (ii) Petitioners are directed to deposit all decretal amount within four weeks from today before learned Additional Civil Judge (Senior Division), Lalitpur. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioners are also directed to pay rent of premise in question on month to month basis on or before 7th day of every month till the vacation of house; (iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lost the effect and respondents are at liberty to proceed against the petitioners in accordance with law. With the aforesaid observations, petition is disposed of. It is made clear that no liberty is given to the petitioners to file fresh petition for the very same cause of action.
Order Date :- 25.4.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad