Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:117436 Court No. - 2 Case :- WRIT - A No. - 8077 of 2025 Petitioner :- Sunil Jaiswal Respondent :- Shiv Kumar Gupta Counsel for Petitioner :- Satya Prakash Tiwari,V.K. Baranwal Hon'ble Saral Srivastava,J. Heard Sri V.K. Baranwal, learned counsel for the petitioner. The petitioner in the present petition has assailed the order dated 25.02.2025 passed by 4th Additional District Judge, Jaunpur in P.A. Appeal No.2 of 2023 and the order dated 01.04.2023 passed by the Prescribed Authority/Civil Judge (Sr. Division), Jaunpur in P.A. No.09 of 2014. After arguing the matter at length, learned counsel for the petitioner submits that his client is ready and willing to vacate the shop in question, however, he submits that some reasonable time may be given to the petitioner to vacate the shop in question. Considering the facts and circumstances of the case and with the consent of learned counsel for the respondent, the petitioner is granted one year time from today to vacate and handover the shop in question to respondent/landlord and subject to filing of following undertakings by the petitioner/tenant before the court below:- (1). The tenant-petitioner shall handover the peaceful possession of the shop in question to the respondent/landlord on or before 17.07.2026. (2). The tenant-petitioner shall file undertaking before the court below to the said effect within three weeks from the date of receipt of certified copy of this order; (3). The tenant-petitioner shall pay entire decretal amount within a period of two months from the date of receipt of certified copy of this order; (4). The tenant-revisionist shall pay damages @ Rs.1,000/-
per month by 7th day of every succeeding months and continue to deposit the same in the court below till 17.07.2026 or till the date it vacates the shop in question whichever is earlier and the respondent/landlord is at liberty to withdraw the said amount; (5). In the undertaking the tenant-petitioner shall also state that it will not create any interest in favour of the third party in the shop in dispute; (6). Subject to filing of the said undertaking, the tenant- petitioner shall not be evicted from the shop in question till the aforesaid period; (7). It is made clear that in case of default of any of the conditions mentioned above, the protection granted by this Court shall stand vacated automatically; (8).
In case the house in question is not vacated as per the undertaking given by the tenant-petitioner, it shall also be liable for contempt. The writ petition is dismissed subject to observations made above Order Date :- 18.7.2025 SS Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad