Neutral Citation No. - 2025:AHC:11111 Court No. - 36 Case :- SECOND APPEAL No. - 690 of 2023 Appellant :- M/S Indian Oil Corporation Ltd. Respondent :- Rajendra Prasad Counsel for Appellant :- Rakesh Kumar Counsel for Respondent :- Surendra Nath Shukla,Yogita Shukla Hon'ble Kshitij Shailendra,J. 1. Heard Shri Rakesh Kumar, learned counsel for the appellant and Shri Surendra Nath Shukla, learned counsel for the respondent. 2. The case is fixed today in the light of the order dated 16.01.2025 passed on Civil Misc. Listing Application No.5 of 2025. The same is quoted hereinunder: "Ref: Civil Misc. Listing Application No. 5 of 2025 1. Learned counsel for the appellant has pressed urgency contending that direction to vacate the petrol pump has been issued by the executing court and, in case interim order is not passed in the second appeal, the appellant shall be dispossessed on 23.01.2025. 2. When a photo copy of the order dated 04.01.2025 passed by the executing court was perused by this Court, it stood revealed that the appellant-judgment debtor moved an application before the executing court to grant one month's time to vacate the premises. The executing court partly allowed the application granting time of three weeks i.e. up to 23.01.2025 with an observation that in case the property is not vacated by that date, Dakhal Parwana shall be issued. 3. In view of the order passed by the executing court, this Court is of the view that once the judgment-debtor had itself sought time to vacate the premises, there is no case for grant of interim relief or entertaining challenge to impugned decree based upon subsequent development, as noted above. 4. The application is allowed. 5. List this case on 22.01.2025 at 2.00 p.m. 6. On that day the only request for grant of further time to vacate the premises shall be entertained and for no other purpose. 7. A copy of this order shall be served by learned counsel for applicant upon learned counsel for the other side before 22.01.2025. " 3. Learned counsel for the appellant submits that on the spot a petrol pump of the appellant-corporation is existing and since Dakhal Parvana has been issued by the executing court, though the appellant is ready to vacate the property as per the undertaking given by it before the executing court, this Court, in the interest of justice may grant six months time to vacate. He further submits that for additional period of six months, the appellant is ready to pay damages to the decree-holder as determined by this Court. 4. Per contra, learned counsel for the respondent submits that the trial court imposed damages pendente lite and future to the extent of rupees 2,000/- per month and this part should also been considered in case the Court is inclined to grant further time to vacate. 5. Considering the previous order of this Court, the proceedings going on before the executing court where the appellant had sought time to vacate the property and considering the nature of decree drawn by the two Courts, the instant appeal is disposed of in the following terms: i) The appellant shall vacate the property in dispute and shall deliver vacant, peaceful, actual and physical possession to the respondent on or before 31.07.2025. ii) The appellant shall deposit a sum of Rs 20,000/- per month till the date of vacation before the executing court. First deposit shall be made on 28.02.2025. iii) The amount deposited by the appellant, month to month shall be released forthwith in favour of the respondent by the executing court without furnishing any security. iv) The executing court shall also examine the fact as to whether the damages imposed by the trial court under the decree dated 10.12.2012 have been paid/deposited by the appellant and, in case certain amount has been deposited, the same shall also be released in favour of the decree holder and, in case amount has not been deposited, it shall be deposited within a period of next three months. v) The damages to be deposited under the previous clause of this order shall be released in favour of the decree holder immediately after expiry of three months period. 5. In case this order is not complied with by the appellant, the decree shall be executed forthwith through police force and as regards the damages imposed by the trial court or this Court, the property of the corporation shall be attached forthwith and the amount liable to be paid by the judgment-debtor appellant shall be released in favour of the decree holder not later than 31.08.2025. 6. The appeal is, accordingly, disposed of. Order Date :- 22.1.2025/K.K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad