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2015 DIGILAW 431 (ALL)

Anita Sonkar 67 (Clre)2012 v. Shakuntala Mishra

2015-03-09

ANIL KUMAR

body2015
JUDGMENT Anil Kumar, J. Matter is taken in the revised cause list. 2. Heard Sri Shishir Pradhan learned counsel for review petitioner Sri V.N. Singh and perused the record. 3. Smt.Anita Sonkar/tenant/review petitioner has filed present review petition for recall of the judgment and order dated 02.04.2014 passed by this Court in Civil Revision No. 67 of 2012. 4. After arguing at some length, learned counsel for review petitioner submits that he does not want to press provided sometime may be granted to the review petitioner to vacate the premises in question. 5. Sri V.N. Singh, learned counsel for respondents submits that after passing of the order dated 02.04.2014, the matter is pending before the executing court in Execution Case No.9 of 2014 but? till date the decretal amount as awarded by judgment and decree dated 29.05.2012 passed in SCC Suit No. 01 of 2009 (Shakuntala Mishra Vs. Smt. Anita Sonkar) by Small Causes Court/Additional District Judge, Court No. 1, Barabanki has neither been deposited nor rent and damages for use and occupation of the premises in question has been paid by the review petitioner as if the same is done he has no objection to the prayer as made by learned counsel for the review petitioner. 6. Sri Shishir Pradhan, learned counsel for review petitioner submits that review petitioner is ready to deposit entire decretal amount including the rent and damages for use and occupation of the premises in question before the executing court as per the time as fixed by this Court and deposits the rent/damages for use and occupation of the premises in question for the month of March, 2015 before the Executing Court on or before 10.04.2015 and pay the same each and every month till 30.06.2015 when the review petitioner will vacate the premises and hand over the possession of the same to the landlord/responden. 7. 7. Thus, after hearing learned counsel for parties and going through the record, without entering into the merit of the case, the review petition is disposed of with a direction the review petitioner that he will retain the premises in question uptil 30.06.2015 in case he deposited the entire decretal amount as well as rent and damages for use and occupation of the premises in question uptil 28.02.2015 by 25.03.2015 before the executing court and pay rent/ damages to the landlord in the first week of each and every month uptil 30.06.2015 or before the said date even he hand over the peaceful possession of the premises in question to the landlord/respondent and in this regard he file an affidavit to the executing court by 25.03.2015.