Neutral Citation No. - 2025:AHC:68630 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3713 of 2025 Petitioner :- Sitaram@Sitaram Agarwal Respondent :- Ajay Bansal And Another Counsel for Petitioner :- Vijay Kumar Dwivedi Counsel for Respondent :- Diwakar Tiwari Hon'ble Neeraj Tiwari,J. 1. Heard Sri Vijay Kumar Dwivedi, learned counsel for the petitioner and Sri Diwakar Tiwari, learned counsel for the respondent. 2. Present petition has been filed challenging the judgment and order dated 28.02.2025 passed by Civil Judge (Senior Division), Hathras in Misc. Case No.280 of 2022 as well as judgment and order dated 24.02.2021 passed by SCC Judge/Civil Judge (Senior Division), Hathras in SCC Case No.10 of 2016 (Ajay Bansal and Another vs. Sitaram). 3. After detail argument, when the Court inclined to dismiss the petition with heavy cost, SriVijay Kumar Dwivedi, 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 some time to vacate the same. 4. Learned counsel for the respondent has no objection to the submission raised by the learned counsel for the petitioner subject to deposit of rent month to month 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 one year time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before Rent Authority/SCC Judge/Civil Judge (Senior Division), Hathras 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 learned Rent Authority/SCC Judge/Civil Judge (Senior Division), Hathras. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioner is also directed to pay 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 plaintiff- respondent is at liberty to proceed against the defendant-petitioner in accordance with law. 7. With the aforesaid observations, petition is disposed of. Order Date :- 30.4.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad