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2025 DAILYLAW 56173 (ALL)

SHAILESH KUMAR CHAURASIYA AND ANOTHER v. PRABHAT CHAND RAI AND ANOTHER

A227/5000/2025 · 2025-05-14

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80366 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5000 of 2025 Petitioner :- Shailesh Kumar Chaurasiya And Another Respondent :- Prabhat Chand Rai And Another Counsel for Petitioner :- Piyush Sinha,Vikram Bahadur Singh Counsel for Respondent :- Anil Kumar Aditya,Anil Kumar Mishra,Ganesh Kumar Verma,Sharad Kumar Pandey Hon'ble Neeraj Tiwari,J. 1. Heard Sri Piyush Sinha, learned counsel for the petitioners and Sri Anil Kumar Aditya, learned counsel for the respondents 2. Present petition has been filed challenging the judgment and order dated 27.03.2025 passed by the Additional District Judge/F.T.C., Varanasi in SCC Revision No. 141 of 2024 as well as the judgement and order dated 21.09.2024 passed by the Judge, Small Causes Court, Varanasi in SCC Suit No. 50 of 2018. 3. After detail argument, when the Court inclined to dismiss the petition with heavy cost, Sri Sri Piyush Sinha, learned counsel for the petitioners submitted that he does not want to contest this petition on merits, but considering this fact that petitioners are tenant of the shop in question since long, they may be granted one year time to vacate the same. 4. Sri Anil Kumar Aditya, learned counsel for the respondents has no objection to the submission raised by the learned counsel for the petitioners subject to deposit of rent till the vacation of shop in question. He further submitted that petitioners 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 petitioners are tenant of the shop in question since, long, they are granted one year time to vacate the same from today with following condition; (i) Petitioners are directed to file affidavit within two weeks from today before Judge, Small Causes Court, Varanasi to vacate the shop in question within the time given by the Court; (ii) Petitioners are directed to deposit decretal amount within four weeks from today before Judge, Small Causes Court, Varanasi. In case, any amount is already deposited, same shall be adjusted against the decretal amount; (iii) Petitioners are also directed to pay the 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 respondents are at liberty to proceed against the petitioners in accordance with law. 7. With the aforesaid observation, petition is disposed of. Order Date :- 15.5.2025 ADY Digitally signed by :- AMAR DEEP YADAV High Court of Judicature at Allahabad