HIGH COURT OF UTTARAKHAND
Subhash Upadhyay, J
THAKUR RAMCHANDARA JI MAHARAJ – Appellant
Versus
SUNITA RANI – Respondent
CLR No.19 of 2020
| Table of Content |
|---|
| 1. condonation of delay in filing a civil revision when there is no objection from the respondent. (Para 2 , 3 , 4) |
| 2. disposal of civil revision based on a compromise agreement for surrender of tenancy and vacation of premises. (Para 5 , 6 , 7) |
Office Notes, reports, orders or proceedings
Date or directions COURT’S OR JUDGE’S ORDERS
Registrar’s order with Signatures
2. As per the office report, there is a delay of two months and twenty eight days’ in filing the present civil revision. Learned counsel for the revisionist prays for condonation of delay in filing the revision.
3. Learned counsel for the respondent has not objected to the said prayer.
4. The delay in filing the present civil revision is condoned.
5. Learned counsel for the parties have filed a Compromise Application (IA No.11184 of 2026), wherein it is stated that the parties have gone into compromise and have settled their disputes amicably. The parties were present before this Court in-person and have submitted that the compromise application has been filed, wherein the respondent has admitted that she will vacate the tenanted premises till 09.06.2026 and will hand over the peaceful possession of the premises, which is a subject matter of the SCC Suit No.2 of 2018.
6. The contentions in the Compromise Application (IA No.11184 of 2026) are as follows:-
“That the respondent has agreed to surrender her tenancy in favour of the revisionist and she is also agree that she will vacate the tenanted premises till 09.06.2026 and she will hand over the peaceful possession of the premises which is the subject matter of SCC Suit no. 2 of 2018 decided by Judge Small Causes 2nd Additional District Judge Kashipur, to Shri Gaurav Agarwal S/o Late Gopal Das, who is at present Chairman of "Thakur Ramchandra Ji Maharaj and Shiv Ji Maharaj vaa Shivji Maharaj Virajman Noon Walo ki Dharamshala", Mohalla Ganj. Main Bazar kashipur, District Udham Singh Nagar, till 9/6/2026,
3. The revisionist has agreed to relinquish entire rent, or damages in favour of the respondent. Meaning there by the respondent will not pay any rent, damages, mesne profit and cost of the suit to the revisionist. The respondent vacates the premises till 09.06.2026.
4. That in case the respondent does not vacate the tenanted premises till 9th of June 2026 the revisionist shall be entitled to get evicted the respondent with the help of the police and the suit bearing SCC Suit no. 2 of 2018 decided by Judge Small Causes 2nd Additional District Judge Kashipur will be deemed to have been decreed in favour of the revisionist and the revisionist shall be entitled to recover the entire amount as sought in the suit from the respondent. The respondent shall be liable to be evicted and shall also be liable to pay the entire decreetal amount sought in the suit.”
7. In view of the above, the instant Civil Revision No.19 of 2020 is disposed of in terms of the compromise. The order of the trial court is modified accordingly.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.