Supreme Court - Daily Orders
Anita Sharma vs Om Prakash Batra on 26 February, 2016
Bench: Jagdish Singh Khehar, C. Nagappan
SLP(C).....CC 3343/16 1
ITEM NO.32 COURT NO.3 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC No(s).
3343/2016
(Arising out of impugned final judgment and order dated 19/08/2015
in CWP No.3267/2015 passed by the High Court of Judicature at
Allahabad)
ANITA SHARMA AND ORS. Petitioner(s)
VERSUS
OM PRAKASH BATRA AND ANR. Respondent(s)
(With appln.(s) for c/delay in filing SLP and c/delay in refiling
SLP)
Date : 26/02/2016 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE C. NAGAPPAN
For Petitioner(s) Mr.Jitendra Mohan Sharma, Sr.Adv.
Ms.Nidhi Sharma, Adv.
Mr. Ajit Sharma, Adv.
For Respondent(s)
Upon hearing the counsel the Court made the following
O R D E R
Heard learned senior counsel for the petitioners. Delay condoned.
No ground for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India.
The special leave petition is accordingly dismissed. Learned senior counsel for the petitioners states, that Signature Not Verified Digitally signed by on account of the annual examination of the petitioners' daughter, SATISH KUMAR YADAV Date: 2016.02.27 11:27:38 TLT Reason: the petitioners may be permitted to remain in the premises in question till 31.05.2016. He also states, that for the period of SLP(C).....CC 3343/16 2 extended time, the petitioners are ready and willing to pay user charges at the rate of Rs.1,000/- per month even though the rental being paid by the petitioners is Rs.300/- per month.
In the above facts and circumstances of this case, we consider it just and appropriate to accept the prayer made by the petitioners. The petitioners shall pay user charges with effect from 01.03.2016 at the rate of Rs.1,000/- per month. The aforesaid amount shall be paid in lump sum (for the period from 01.03.2016 till 31.05.2016), along with all arrears of rent if any, within two weeks from today. The petitioners shall also file the usual undertaking in this regard within two weeks from today. In the undertaking, the petitioners shall affirm, that they shall hand over vacant possession of the premises in question to the respondents on or before 31.05.2016, and shall not create any third party rights, in the meantime.
(SATISH KUMAR YADAV) (CHANDER BALA)
AR-CUM-PS COURT MASTER