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2025 DAILYLAW 57353 (ALL)

MOHD. IQBAL v. PT. UMADATTA (DECEASED) AND 2 OTHERS

WRIA/6777/2025 · 2025-05-15

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81572 Court No. - 2 Case :- WRIT - A No. - 6777 of 2025 Petitioner :- Mohd. Iqbal Respondent :- Pt. Umadatta (Deceased) And 2 Others Counsel for Petitioner :- Om Prakash,Onkar Nath Vishwakarma,Praveen Kumar,Sr. Advocate Counsel for Respondent :- Puneet Bhadauria Hon'ble Neeraj Tiwari,J. Heard Sri Pradeep Kumar, learned senior counsel assisted by Sri Om Prakash, learned counsel for the petitioner and Sri Puneet Bhadauria, learned counsel for the respondents. Present petition has been filed challenging the order dated 04.03.2023 passed by Prescribed Authority/ Civil Judge (Senior Division), Etawah in P.A. Case No. 03 of 2013 as well as order dated 11.04.2025 passed by learned Additional District Judge/ FTC-II, Etawah in P.A. Appeal No. 27 of 2023. After detail argument, when the Court was inclined to dismiss the petition with heavy cost, 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 in premises in question since long, he may be granted one and half year time to vacate the same. Sri Puneet Bhadauria, learned counsel for the respondents has no objection to the submission raised by learned counsel for the petitioner, but he 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 tenant in premises in question since long, he is granted one and half year time to vacate the same from today with following condition; (i) Petitioner is directed to file affidavit within two weeks from today before learned Prescribed Authority/ Civil Judge (Senior Division), Etawah 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 Prescribed Authority/ Civil Judge (Senior Division), Etawah. 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 petitioners in accordance with law. With the aforesaid observations, petition is disposed of. 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 :- 16.5.2025 I.A.Siddiqui Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad