Civil Misc. Application for Extention of Time No. 23596 of 2014 This application for extension of time has been filed by the petitoner in the writ petition. The writ petition was dismissed by the order dated 16.9.2013. But the petitioner had been granted six months time to vacate the shop in question, subject to the conditions mentioned in the order itself. The conditions precedent were that the petitioner would deposit the amount mentioned in the order and also submit an undertaking that he would vacate the shop in question within six months. It has been specifically averred in the affidavit filed in support of this application that all the conditions specified in the order dated 16.9.2013 have been complied with. However, the petitioner has not been able to procure any alternative accommodation for shifting his business and therefore he seeks further six months time for vacating the premises in dispute.
Apart from the plea that he has not been able to obtain any alternative shop for shifting his business, it is also stated that the petitioner is seventy years old and he is suffering from serious ailments.
Prima facie, the reasons set out for extension of time do not appear to be genuine enough to grant a further extension of six months to the petitioner for vacating the premises in dispute. However in the interest of justice the petitioner is provided a months further time to vacate the premises in dispute, subject to his furnishing an undertaking to that effect before the court below within ten days from today. Along with said undertaking, the petitioner shall deposit Rs. 5,000/- as rent for the said period of one month.
Accordingly and subject to the conditions contained herein above, this application is allowed. It is made clear that no further extension of time shall be granted to the petitioner under any circumstance.
Order Date :- 6.3.2014 Priyanka