Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 1802 of 2018 Petitioner :- Rukmani Gupta (Deceased) And Another Respondent :- Chaitenya Prakash Garg And Another Counsel for Petitioner :- Rajesh Gupta Counsel for Respondent :- Vishal Agarwal
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Rajesh Gupta, learned counsel for the defendants-tenants/ petitioners and Sri Vishal Agarwal, learned counsel for the plaintiffs- landlords/ respondents.
This petition has been filed praying for the following relief:
"To call for the record and set-aside the impugned order dated 07.09.2016 passed by Prescribed Authority/ J.S.C.C. Meerut in P.A. Case No.8 of 2000 (Chaitanya Prakash Garg Vs. Smt. Rukmani Gupta (Deceased) and another) and also the order dated 29.01.2018 passed by the learned Additional District Judge, Court No.11, Meerut in Misc. Appeal No.358 of 2016 (Smt. Rukmani Gupta (Deceased) and another Vs. Chaitanya Prakash Garg and another) and to direct the respondent/ landlord not to evict the petitioner from the the property in dispute during the pendency of the present petition before this Hon'ble Court."
Learned counsel for the defendants-tenants/ petitioners states that petitioners do not want to press this petition on merit but they merely want that some time may be granted to vacate the disputed shop and to handover its vacant and peaceful possession to Plaintiffs-Landlords/ Respondents. He further states that the defendants-tenants/ petitioners are ready to deposit the damages for the period from today till expiry of the time for vacating the disputed shop as may be provided by the court.
Learned counsel for plaintiffs-respondents has no serious objection to aforesaid request of the defendants-tenants/ petitioners.
Considering the statement made before this Court as afore-noted, this petition is dismissed.
However, it is provided that in the event the defendants-tenants/ petitioners submit an undertaking on oath before the concerned court below within four weeks from today for vacating the disputed shop and to handover its vacant and peaceful possession to Plaintiffs-Landlords/ Respondents on or before 30.06.2018 and also deposit a sum of Rs.5000/- within the same period, then in that event, no coercive action shall be taken against the defendants-tenants/ petitioners for dispossessing them from the disputed shop till 30.06.2018. In the event, the undertaking as well as the amount as aforesaid are not deposited within the stipulated period, then the protection as aforesaid given to the defendants-tenants/ petitioners shall automatically stand vacated. It is further provided that in the event, defendants-tenants/ petitioners comply with the conditions as aforementioned and submit undertaking but do not vacate the disputed shop and do not handover its vacant and peaceful possession to the plaintiffs-respondents on or before 30.06.2018, then the plaintiffs- respondents shall be entitled to initiate appropriate proceedings against the defendants-tenants/ petitioners including the proceedings for contempt.
Order Date :- 23.3.2018 NLY