Neutral Citation No. - 2025:AHC:41634 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 1922 of 2025 Petitioner :- Krishna Kumar Nigam And 2 Others Respondent :- Nadeem Mohsin And 5 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- Rishikesh Tripathi Hon'ble Neeraj Tiwari,J. Heard Sri Rajesh Kumar Singh, learned counsel for the petitioners and Sri Rishikesh Tripathi, learned counsel for the respondents. Present petition has been filed challenging the order dated 12.11.2024 passed by learned Judge Small Cause Case/ Civil Judge (Junior Division), Banda in Small Cause Case No. 04 of 2018 as well as order dated 09.01.2025 passed by learned District Judge, Banda in Small Cause Revision No. 37 of 2024. After detail argument, when the Court was inclined to dismiss the petition with heavy cost, Sri Rajesh Kumar Singh, learned counsel for the petitioners submitted that he does not want to contest this petition on merits, but considering this fact that petitioners are residing at the premises in question since 1972, they may be granted one and half year time to vacate the same. Sri Rishikesh Tripathi, learned counsel for the respondents 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 residing at the premises in question since, 1972, they are granted one and half 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 Judge Small Cause Case/ Civil Judge (Junior Division), Banda 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 Judge Small Cause Case/ Civil Judge (Junior Division), Banda. 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 :- 21.3.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad