Allahabad High Court
Sudesh Kumar Chauhan vs District Judge, Meerut And 2 Others on 12 January, 2021
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- MATTERS UNDER ARTICLE 227 No. - 4541 of 2020 Petitioner :- Sudesh Kumar Chauhan Respondent :- District Judge, Meerut And 2 Others Counsel for Petitioner :- Varun Dev Sharma,Aniruddh Tiwari Hon'ble Saumitra Dayal Singh,J.
1. Challenge raised in the present petition is to the order passed by the learned Judge, Small Causes Court, Meerut dated 05.10.2019 and the order dated 20.07.2020 passed by the learned District Judge, Meerut, in the revision filed therefrom.
2. The petitioner is the tenant of the residential accommodation which was subject matter of the proceedings for eviction.
3. Though various grounds have been raised in the petition, however, after advancing arguments at some length, learned counsel for the petitioner submits that the petitioner is prepared to vacate the premises and in the alternative some time may be allowed to the petitioner to vacate the premises. In that regard, difficulties have been cited on account of the spread of the pandemic Covid-19. Also, it has been submitted that the arrears of the rent as directed to be deposited by order dated 05.10.2019 have already been paid and at present, it is only the order of the eviction that operates against the petitioner.
4. Considering the above prayer, no occasion survives to adjudicate the matter on merits. Accordingly, the present petition is disposed of with the direction that in case, the petitioner furnishes security to the satisfaction of the executing court for Rs. 1,00,000/- in the shape of other than cash or bank guarantee and vacate the premises within a period of three months from today i.e. till 15 April, 2021, the eviction proceedings pursuant to the impugned order, shall remain stayed till then.
5. Needless to clarify that upon handing over the peaceful possession, the security that may be furnished by the petitioner, shall be released in favour of the petitioner forthwith.
Order Date :- 12.1.2021 Abhilash