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2025 DAILYLAW 20685 (ALL)

IRFAN v. NAGAR PALIKA PARISHAD GULAWATHI PARGANA- AGAUTHA TEHSIL- SADAR

A227/1781/2025 · 2025-03-23

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42577 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 1781 of 2025 Petitioner :- Irfan Respondent :- Nagar Palika Parishad Gulawathi Pargana- Agautha Tehsil- Sadar Counsel for Petitioner :- Mehdi Abbas,Suresh Kumar Maurya Counsel for Respondent :- Baleshwar Chaturvedi,Pradeep Chauhan Hon'ble Neeraj Tiwari,J. Heard Sri Suresh Kumar Maurya, learned counsel for the petitioner and Sri Pradeep Chauhan, learned counsel for the respondent. Present petition has been filed challenging the order dated 17.01.2024 passed by learned Judge Small Causes Court, Bulandshahr in Case No. 40 of 2008 as well as order dated 17.01.2025 passed by learned Additional District Judge/Fast Track Court No. 3, Bulandshahr in Civil Revision No. 05 of 2024. After some argument, when the Court was inclined to dismiss the petition with heavy costs, learned counsel for the petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner is running business in shop in question since 1988, he may be granted six months time to vacate the same. Learned counsel for the respondents has no objection to the submission raised by learned counsel for the petitioner, but he submitted that petitioner 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 petitioner is in shop in question since, 1988, he is granted six months time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before learned Judge Small Causes Court, Bulandshahr to vacate the premise in question within the time given by the Court; (ii) Petitioner is directed to deposit all decretal amount within four weeks from today before learned Judge Small Causes Court, Bulandshahr. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioner is 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 petitioner in accordance with law. With the aforesaid observations, petition is disposed of. It is made clear that no liberty is given to the petitioner to file fresh petition for the very same cause of action. Order Date :- 24.3.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad