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2021 Supreme(UK) 515

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Kashmir Singh - Appellant
Versus
Sarvendera Singh & Anr. - Respondents
Civil Revision No. 01 of 2015
Decided On : 15-12-2021

Advocates Appeared:
Rakesh Negi, Advocate, V.K. Kaparwan, Advocate

The court can dispose of a case based on the parties' consent and undertakings.

Headnote:

Section 25 of the Provincial Small Cause Courts Act, 1887 - Civil Revision - Disposal of case based on undertaking to vacate shop-in-question

Fact of the Case:

The Civil Revision was filed against a judgment allowing a suit regarding a shop-in-question. The revisionist undertook to vacate the shop within two months, and the counsel for the respondents agreed.

Finding of the Court:

The court disposed of the Civil Revision based on the revisionist's undertaking to vacate the shop-in-question within two months, with the consent of both parties' counsels.

Issues:

Ratio Decidendi: The court's decision was influenced by the revisionist's undertaking and the consent of both parties' counsels.

Final Decision: The Civil Revision was disposed of in terms of the revisionist's undertaking to vacate the shop-in-question within two months.

JUDGMENT

Alok Kumar Verma, J. - This Civil Revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887, against the judgment dated 17.12.2014, passed by the learned Small Cause Court/Additional District Judge, Tehri Garhwal, in SCC Suit No.05 of 2013, "Sarvendera Singh and Another vs. Kashmir Singh", whereby, the said suit was allowed.

2. Heard Mr. Rakesh Negi, the learned counsel holding brief of Mr. Dinesh Chauhan, the learned counsel for the revisionist and Mr. V.K. Kaparwan, the learned counsel for the respondents.

3. Mr. Rakesh Negi, the learned counsel appearing for the revisionist, submitted that the revisionist undertakes that he will vacate the shop-in-question within two months from today. The learned counsel appearing for the revisionist further submitted that this revision may be disposed of in the light of the said undertaking.

4. The learned counsel appearing for the respondents is agree.

5. Therefore, in view of the above facts and circumstances of the case and on the consent of the learned counsel for both the parties, this Civil Revision is disposed of in terms of the said undertaking of the revisionist that the revisionist will vacate the shop-in-question within two months from today.

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