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Judgment
Sandeep Sharma, J
Being aggrieved and dissatisfied with orders dated 21.12.2019 and 12.11.2020 passed by the learned Senior Civil Judge, Court No.2, Shimla, H.P. in
RBT No. 324-10 of 19/2015, titled Ashok Kmar Madan v. Narenjan Dev Sharma, whereby order has been issued for issuance of warrant of
possession, petitioner has approached this court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to set-
aside aforesaid orders.
Respondent-Landlord filed execution petition No. 36/10 of 2015, praying therein execution of eviction order dated 25.6.2015, passed by the learned
Rent Controller, Shimla, in Rent Petition No. 8/2 of 2010. Objections having been filed by the petitioner-tenant came to be dismissed vide order dated
8.4.2019. Learned Rent Controller vide order dated 21.12.2019, ordered for issuance of warrant of possession in respect of suit premises for
17.1.2020.
Aforesaid order of attachment issued by the executing court came to be challenged before this Court by way of CMPMO No. 1104 of 2019. This
Court summoned the record of the execution proceedings, as a consequence of which, warrant of attachment issued in terms of order dated
21.12.2019, could not be given effect to. Since petitioner-tenant had not appended copy of the order impugned in the proceedings as referred herein
above, petition having been filed by the petitioner came to be dismissed vide order dated 27.10.2020, reserving liberty to the petitioner to approach the
Court afresh by filing the petition complete in all respects.
After dismissal of CMPMO No. 1104 of 2019 having been filed by the petitioner-tenant, executing court below vide order dated 12.11.2020 issued
fresh warrant of possession qua the demised premises in terms of order dated 8.4.2019, returnable for 7.12.2020. In the aforesaid background,
petitioner tenant by way of instant proceedings has approached this Court, praying therein to set-aside the warrants of possession issued in terms of
orders dated 21.12.2019 and 12.11.2020.
Before matter could be heard on its own merits, petitioner namely Narenjan Dev Sharma, who is present through Video Conferencing and duly
represented by Mr. Ajay Kumar, learned Senior Counsel, states that he would be content and satisfied in case he is permitted to retain the demised
premises till 31.3.2021.
Mr. Y.P. Sood, learned counsel representing the respondent-landlord on instructions states that aforesaid proposal given by the petitioner is
acceptable subject to petitioner’s furnishing undertaking before this Court that demised premises shall be vacated by him positively on or before
31.3.2021 and his such undertaking would be binding upon his all other family members/LRs.
Consequently, in view of the above, present petition is disposed of in following terms:-
a. Petitioner tenant shall furnish an undertaking before this Court on or before 7.12.2020, undertaking therein that premises in question shall be vacated
by him on or before 31.3.2021 and all his LRs/family members would be bound by his undertaking given to this Court.
b. In case aforesaid undertaking is furnished within the stipulated period, orders dated 21.12.2019 and 12.11.2020, shall remain in abeyance till
31.3.2021.
c. In case the petitioner fails to furnish undertaking within the time stipulated by this Court, respondent landlord would be at liberty to get the premises
in question vacated in terms of orders dated 21.12.2019 and 12.11.2020 and petitioner would render himself liable for penal consequences as well as
contempt of court.
Pending application(s), if any, also stands disposed of.