Neutral Citation No. - 2025:AHC:56568 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3581 of 2025 Petitioner :- Rang Bahadur Pandey @ Pramukhji Respondent :- Shri Narbada Prasad Mishra (Since Deceased) And 2 Others Counsel for Petitioner :- Yanendra Pandey Hon'ble Neeraj Tiwari,J. 1. Sri Nitin Sharma, Advocate alongwith Ms. Shruti Mishra, Advocate has filed Vakalatnama on behalf of respondents, which is taken on record. 2. Heard Sri Yanendra Pandey, learned counsel for the defendant- revisionist and Ms. Shreya Gupta, learned counsel for the plaintiff- respondent. 3. Case was heard on 11.4.2025, Court has passed the following order:- "1. Based upon instruction, Sri Yanendra Pandey, learned counsel for petitioner submitted that petitioner would not contest the restoration application bearing Misc. Case No. 263 of 2023 filed in Civil Appeal No. 125 of 2005 and further vacate the house in question by 2nd week of July, 2025. Therefore, he may be granted interim protection upto 2nd week of July, 2025. He prays for and is granted three days time to file affidavit to this effect. 2. Put up this case as fresh on 17.04.2025 at 10:00 A.M. 3. Till then, further proceeding of Execution Case No. 5 of 2005 shall remain stayed." 4. Pursuant to the order of this Court dated 11.4.2025, Mr. Yanendra Pandey, learned counsel for the petitioner has filed affidavit dated 16.4.2025 today, which is taken on record. Relevant paragraph nos. 1 & 2 of affidavit dated 16.4.2025 are being quoted hereinbelow:- "2. That in compliance of the order dated 11.4.2025 passed by this Hon'ble Court the petitioner is filing the instant affidavit to the effect that he will vacate the premises in question as has been mentioned in the said order of the Hon'ble Court." 5. In light of order of this Court dated 11.4.2025 as well as paragraph 2 of the affidavit dated 16.4.2025, petitoner does not want to contest this petition on merits, but considering this fact that petitioner-defendant is residing at the house in question since long, he may be granted time till 15th July, 2025 to vacate the same. 6. Ms. Shruti Mishra, learned counsel for the plaintiff- respondent has no objection to the submission raised by learned counsel for the defendant-petitioner, but she submitted that defendant- 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 house. 7. I have considered the rival submissions raised by learned counsel for the parties. 8. Considering the fact that defendant-petitioner is residing at the house in question since long, he is granted time till 15th July, 2025 time to vacate the same from today with following condition; (i) Defendant-petitioner is directed to file affidavit within two weeks from today before learned trial Court to vacate the house in question within the time given by the Court; (ii) Defendant-petitioner is directed to deposit all decretal amount within four weeks from today before learned trial Court. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Defendant-petitioner is also directed to pay rent of house 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 plaintiff- respondent is at liberty to proceed against the defendant- revisionist in accordance with law. 9. With the aforesaid observations, petition is disposed of. 10. 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 :- 17.4.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad