Heard learned counsel for the petitioner.
Notice on behalf of the respondent has been accepted by Sri Rahul Saxena, who prays for and is allowed two weeks time to file counter affidavit.
Revisionist will have two weeks thereafter for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Meanwhile, considering the facts and circumstances, the execution of the impugned judgement and order dated 18.9.2009 shall remain stayed subject to the condition that the revisionist deposits the entire decretal amount within a period of six weeks from today and shall also go on depositing the amount determined by the court below for use and occupation of the premises in dispute on month to month basis as and when the same falls due.
The respondentlandlord shall be entitled to withdraw the amount deposited by the revisionist on furnishing security other than cash or bank guarantee.
However, in case of default, this order shall stand automatically vacated and the decree shall be liable to be executed.
Order Date :- 11.1.2010 nd