Neutral Citation No. - 2025:AHC:57226 Court No. - 2 Case :- WRIT - A No. - 4518 of 2025 Petitioner :- Gopal Ji Singh Respondent :- Pawan Kumar Pandey And 4 Others Counsel for Petitioner :- Chandan Sharma,Kamal Kumar Counsel for Respondent :- Omkar Nath Rai,Satyavrat Sahai,Sunil Dutt Kautilya Hon'ble Neeraj Tiwari,J. 1. Heard Sri Jitendra Kumar, Advocate holding brief of Sri Chandan Sharma, learned counsel for the petitioner-defendant and Sri S.D. Kautilya, learned counsel for the respondents-plaintiff. 2. Present petition has been filed challenging the appellant judgment and order dated 18.3.2025 in P.A. Appeal No.91 of 2024 as well as impugned judgment and order dated 8.10.2024 passed in P.A. Case No. 28 of 2020, under Section 21(1) of U.P. Act No. 13 of 1972 Suit No. 01 of 2018(Premnath Gupta Vs. Shahabuddeen). 3. After detail argument, learned counsel for the petitioner- defendant submitted that he does not want to contest this petition on merits, but considering this fact that petitioner-defendant is tenant of the house in question since 2008, he may be granted one year time to vacate the same. 4. Sri S.D. Kautilya, learned counsel for the respondents-plaintiffs has no objection to the submission raised by learned counsel for the petitioner-defendant, but he submitted that petitioner-defendant may be directed to submit affidavit to deposit the entire decretal amount and pay rent @ Rs. 2,500/- on month to month basis till the vacation of house. 5. I have considered the rival submissions raised by learned counsel for the parties. 6. Considering the fact that petitioner-defendant is tenant of the house in question since long, he is granted one year time to vacate the same from today with following condition; (i) Petitioner-defendant is directed to file affidavit within two weeks from today before learned trial to vacate the house in question within the time given by the Court; (ii) Petitioner-defendant is directed to deposit all decretal amount within four weeks from today before learned trial Cour. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioner-defendant is also directed to pay rent of house in question @ Rs. 2,500/- on month to month basis on or before 7th day of every month till the vacation of house 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- plaintiff shall be at liberty to proceed against the petitioner- defendant in accordance with law. 7. With the aforesaid observations, petition is disposed of. 8. It is made clear that no liberty is given to the petitioner- defendant to file fresh petition for the very same cause of action. Order Date :- 18.4.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad