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Neutral Citation No. - 2025:AHC:65022 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 4192 of 2025 Petitioner :- Anil Kumar Gupta Respondent :- Shiv Kumar Gupta Counsel for Petitioner :- Rakesh Kumar Mishra,Sumit Kumar Gupta Hon'ble Neeraj Tiwari,J.
1. Heard Sri Rakesh Kumar Mishra, learned counsel for the petitioner and perused the record.
2. Present petition has been filed challenging the judgment dated 11.03.2025 passed by the Additional District Judge- Vth/Small Causes Judge, Banda in SCC Revision No.09 of 2020 as well as judgment and decree dated 06.01.2020 and 23.01.2020 passed by SCC Court/Civil Judge (Jr. Div), Baberu, District Banda in SCC Case No.02 of 2007.
3. Sri Rakesh Kumar Mishra, learned counsel for the petitioner, argued the case at length, when the Court was inclined to dismiss the petition with heavy cost, he submits that he may be granted three months' time to vacate the house in question.
4. I have considered the submission of learned counsel for the petitioner.
5. Considering the fact that petitioner is residing at the premises in question since long, he is granted three months' time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before learned SCC Court/Civil Judge (Jr. Div), Baberu, District Banda to vacate the premise in question within the time given by the Court; (ii) Petitioner is directed to deposit all decretal amount within four weeks from today before learned SCC Court/Civil Judge (Jr. Div), Baberu, District Banda. In case, any amount is already deposited, same shall be adjusted against the
decretal amount; (iii) Petitioner is 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 petitioner in accordance with law.
6. With the aforesaid observations, petition is disposed of.
7. 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 :- 28.4.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad