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2025 DAILYLAW 50130 (ALL)

BABU SHYAM v. STATE OF U.P. AND ANOTHER

WRIA/5576/2025 · 2025-04-28

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66184 Court No. - 2 Case :- WRIT - A No. - 5576 of 2025 Petitioner :- Babu Shyam Respondent :- State of U.P. and Another Counsel for Petitioner :- Anand Pratap Singh,Dhananjay Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard Sri D.K. Pandey, learned counsel for the petitioner. 2. Learned counsel for the petitioner is permitted to delete the respondent No.1 during the course of the day. 3. Present petition has been filed challenging the judgment and order dated 23.07.2018 and 01.08.2018 passed by Civil Judge (Senior Division), Jaunpur in Case No.02 of 2009 and order dated 16.05.2023 passed by the Additional District Judge-III, Jaunpur in Case No.92 of 2018 as well as order dated 25.04.2024 passed by the Additional District Judge/F.T.C.-I, Jaunpur. 4. After detail argument, when the Court inclined to dismiss the petition with heavy cost, Sri D.K. Pandey, 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. 5. I have considered the submission of 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 nine months time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before Additional District Judge/F.T.C.-I, Jaunpur 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 Additional District Judge/F.T.C.-I, Jaunpur. 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 :- 29.4.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad