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Neutral Citation No. - 2025:AHC:61577 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4029 of 2025 Petitioner :- Suresh Chandra Bhatia Respondent :- Vijay Kumar Gupta Counsel for Petitioner :- Ayank Mishra,Monika Vaish Counsel for Respondent :- Rama Pati Tripathi Hon'ble Neeraj Tiwari,J. Heard Ms. Monica Vaish, learned counsel for the petitioner and Sri Sharad Malviya, learned counsel for the respondents. Present petition has been filed challenging the order dated 24.09.2024 passed by learned Civil Judge (Sr. Div.)/F.T.C. Kanpur Nagar in Rent Case No. 66 of 2015 and order dated 05.03.2025 passed by Additional District Judge, Court No. 19, Kanpur Nagar in Rent Appeal No. 181 of 2024 (Suresh Chandra Bhatia vs. Vijay Kumar Gupta). After detail argument, when the Court was inclined to dismiss the petition with heavy cost, Ms. Monica Vaish, learned counsel for the petitioner submitted that he does not want to contest this petition on merits, but considering this fact that petitioner is residing at the premises in question since long, he may be granted nine months' time to vacate the same. Sri Sharad Malviya, learned counsel for the respondent submitted that 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 premise. I have considered the rival submissions raised by learned counsel for the parties. Considering the fact that petitioner is residing at the premises in question since, long, they are granted nine months' time to vacate the same from today with following condition; (i) Petitioners are directed to file affidavit within two weeks from today before learned Civil Judge (Sr. Div.)/F.T.C. Kanpur Nagar to vacate the premise in question within the time given by the Court; (ii) Petitioners are directed to deposit all decretal amount within four weeks from today before learned Civil Judge (Sr. Div.)/F.T.C.
Kanpur Nagar. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioners are also directed to pay rent of premise 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 respondents are at liberty to proceed against the petitioners in accordance with law.
With the aforesaid observations, petition is disposed of. It is made clear that no liberty is given to the petitioners to file fresh petition for the very same cause of action. Order Date :- 23.4.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad