Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 3401 (ALL)

Mohd. Yaseen Shamsi v. Awadh Behari Bansal,Advocate

2014-11-13

SUDHIR AGARWAL

body2014
JUDGMENT Sudhir Agarwal,J. 1. The defect is removed. Delay in filing certified copy of order is condoned. Let revision be registered with regular number. As requested by learned counsel for the revisionist, I proceed to hear the revision, today itself. 2. The revision is directed against the order dated 27.03.2012 passed by Additional District Judge (Court No. 15), Agra in Misc. Case No. 35 of 2009, rejecting application of defendant-revisionist to set aside the ex parte judgment and decree dated 19.09.2009 passed in SCC Suit No. 92 of 2008. 3. Sri S.I. Siddiqui, learned counsel for the revisionist finding it difficult to assail the impugned order, at the outset, stated that revisionist may be allowed a reasonable time to vacate the premise in question. 4. Considering the above facts and circumstances of the case, I find it appropriate that revisionist may be allowed six months' time to vacate the premise in question. 5. In view of the above, it is provided that revisionist, if file an affidavit within ten days from today before the court below containing an undertaking that he shall vacate the premises in question and hand over its vacant possession to the landlord-respondent within six months from today, execution of judgment impugned in this writ petition shall not proceed. It is also made clear that the revisionist shall continue to pay rent of premise in question to respondent-landlord month-to-month. However, in case of any default, the above indulgence granted by this Court shall automatically cease and it would be open to landlord(s) to proceed for execution of impugned order immediately thereafter in accordance with law. It is also provided that in case the revisionist after filing affidavit, as aforesaid, and enjoying deferment of vacation of premise in question failed to comply with any of the conditions, as aforesaid, he shall be liable to pay for such non compliance of pious undertaking given to the Court an exemplary costs of Rs. 50,000/- which shall also be recovered from revisionist alongwith execution proceedings, if such necessity arises. 6. With the aforesaid observations/directions, the revision is dismissed.