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Smt. Sukhdeyee And Others v. Additional District Judge (Court No. 7) Fatehpur And Others - WRIT - A No. 48558 of 2003 [2007] RD-AH 8958 (10 May 2007)


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Civil Misc. Application No. 107788 of 2007

On behalf of

Arun Kumar Pandey and another .. Respondent nos. 3&4- Applicants


Civil Misc.  Writ No. 64092  of 2006

Mullan Yadav                                ....                     Petitioner


Addl.District Judge and others       .....                     Respondents

Hon'ble Rakesh Tiwari, J

This application appears to be bona fide. Vide judgment and order dated 27.11.2006, the petitioner was granted two months time to vacate the shop in dispute. After the aforesaid period was over, the petitioner filed Special Leave to Appeal (Civil) No. 2317 of 2007-  Mullan Yadav Vs. Arun Kumar Pandey and another, which was dismissed by Hon'ble the Apex Court by the following judgment and order dated 15.2.2007:-

" Hon'ble Mr. Justice S.H. Kapadia

  Hon'ble Mr.Justice B. Sudersean Reddy

The Special Leave Petition is dismissed.

          As far as time to vacate is concerned, liberty is given to the petitioner to move the High Court.

Sd/- N. Annapurna                      Sd/- Madhu Saxena

  Court Master                                Court Master"

After dismissal of aforesaid Special Leave to Appeal (Civil), the petitioner has  approached this Court on 3.3.2007, i.e. After about three months for extension of time.

Even after dismissal of Special Leave Petition, it is informed that the petitioner has not deposited any amount towards rent. However, after hearing counsels for the parties, on sympathitical consideration that the petitioner had filed application for extension of time on 3.3.2007 and the same has been listed for orders on today, a month's further time from today and no more is allowed to the petitioner to vacate the shop in dispute.  It is made clear that in the circumstances, the petitioner, in addition to the rent from November, 2006 onwards would also be liable to pay a sum of Rs.10,000 (Rupees Ten Thounsand) to the landlords as compensation for not complying with the judgment and order dated 27.11.2006 with ulterior motive within time and delaying implementation of the judgment, aforesaid .

In case even after this order, the petitioner does not vacate the shop in dispute within the aforesaid extended period of one month from today and does not pay the amount of rent and compensation, it will be open for the landlords in the circumstances above that the petitioner has lost from Hon'ble the Apex Court also, to get the petitioner evicted from the shop in dispute by coercive procees with the aid of local Police in accordance with law and initiate proceedings for recovery of the aforesaid dues as arrears of land revenue.

With the above direction, the application is disposed of.

Dated 10.5.2007



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