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2025 DAILYLAW 37779 (ALL)

GANGASHARAN DEVAL v. SMT. NISHA AGRWAL

A227/4100/2025 · 2025-05-08

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75777 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4100 of 2025 Petitioner :- Gangasharan Deval Respondent :- Smt. Nisha Agrwal Counsel for Petitioner :- Kripa Shankar Shukla,Tej Prakash Mishra Counsel for Respondent :- Anil Kumar Bind Hon'ble Neeraj Tiwari,J. 1. Heard Sri K.S. Shukla, learned counsel for the petitioner and Sri Anil Kumar Bind, learned counsel for the respondent. 2. Present petition has been filed challenging the judgment and order dated 04.03.2025 passed by the District Judge, Bijnor and judgement and order dated 22.10.2024 passed by Small Causes Judge, Bijnor. 3. After detail argument, when the Court inclined to dismiss the petition with heavy cost, Sri K.S. Shukal, learned counsel for the petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner is tenant of the shop in question since long, he may be granted nine months time to vacate the same. 4. Sri Anil Kumar Bind, learned counsel for the respondent has no objection to the submission raised by the learned counsel for the petitioner subject to deposit of rent till the vacation of shop in question. He further submitted that petitioner may be directed to submit affidavit to deposit the entire decretal amount and also about the vacation of shop in question. 5. I have considered the rival submissions raised by learned counsel for the parties and perused the record. 6. Considering the fact that petitioner is tenant of the shop in question since, long, he is granted nine months time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before District Judge, Bijnor to vacate the shop in question within the time given by the Court; (ii) Petitioner is directed to deposit decretal amount within four weeks from today before District Judge, Bijnor. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioner is also directed to pay the rent of shop in question per month on month to month basis on or before 7th day of every month till the vacation of shop in terms of first two conditions; (iv) In case of failure of fulfillment of any conditions so imposed by the Court, this order would lost the effect and respondent is at liberty to proceed against the petitioner in accordance with law. 7. With the aforesaid observation, petition is disposed of. Order Date :- 9.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad