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2023 Supreme(Chh) 267

NARENDRA KUMAR VYAS
Ramchandra Rath, S/o Late Govind Rath – Appellant
Versus
P. Reddeyya, S/o Late P. Shastranu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manoj Paranjpe, Advocate.
For the Respondent:Mr. B.P. Sharma, Advocate.

ORDER :

1. This MCC has been filed by the applicant under Order 39 Rule 2 (A) of the C.P.C. for willful disobedience of the order dated 08.02.2022 passed by this Court in SA No. 205 of 2021 (P. Reddeyya Vs. Ramchandra Rath) wherein the respondent has given an undertaking that he will vacate the suit premises within six months. Since the respondent has not complied with his undertaking, therefore, the present MCC has been filed. This Court while hearing the Second Appeal No. 205 of 2021 between the parties, has passed the following order on 08.02.2022 :-

    “In pursuance of the directed passed by this Court Mr. P. Reddeyya, tenant and Mr. Rachandra Rath, land-lord are connected through Video conference and made their submission. After discussing for some time Mr. P. Reddeyya would submit that he will vacate the possession within six months though Mr. Ramchandra Rath would submit that it is a larger time given to him. Considering the age of Mr. Reddeyya who is aged about 84 years it would be appropriate that Mr. Reddeyya would vacate the possession within six months from today itself.

List this case on 08.04.2022.”

2. The record of the case would demonstrate that the plaintiff- Ramchandra

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