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Neutral Citation No. - 2025:AHC:50370 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3326 of 2025 Petitioner :- Smt. Shahin Respondent :- Mohd. Nasir Counsel for Petitioner :- Rajesh Kumar Hon'ble Neeraj Tiwari,J. Heard Sri Rajesh Kumar Gupta, learned counsel for the petitioner. Present petition has been filed challenging the impugned judgment and order dated 19.2.2025 passed by learned Additional Sessions Judge, Court No.3, Meerut in S.C.C. Revision No. 80 of 2024 (Smt. Shahin vs. Mohd Nasir) and the order dated 6.7.2024 passed by the J.S.C.C. at Meerut in S.C.C. Suit No. 28 of 2018 (Mohammad Nasir vs. Smt. Shahin). After detail argument, when the Court was inclined to dismiss the petition with heavy cost, Sri Rajesh Kumar Gupta, learned counsel for the petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner is residing at the premises in question since long, he may be granted six months time to vacate the same. 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 long, 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 J.S.C.C., Meerut 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 J.S.C.C., Meerut. 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 petitioners 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. In case any facts is concealed by the learned counsel for the petitioner, respondent is at liberty to file recall application.
Order Date :- 8.4.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad