Court No. - 1 Case :- SECOND APPEAL No. - 584 of 2010 Petitioner :- Abdul Salam Respondent :- Jitendra Swaroop Mathur Petitioner Counsel :- Ajay Kuamr Singh,Ashish Kumar Singh Respondent Counsel :- K.M. Garg Hon'ble Rakesh Tiwari,J.
Heard learned counsel for the parties.
This second appeal has been filed challenging the validity and correctness of
the judgment and decree dated 21.4.2010 and 16.11.2009 passed in Original
Suit No. 290 of 1988 as well as in Civil Appeal No. 68-A of 2009, whereby
the suit filed by plaintiff-respondent for possession, arrears of rent and mesne
profit has been decreed.
The Court vide its order dated 26.5.2010 directed the appellant to deposit
Rs.5,30,000/- by 24.6.2010 before the Registrar General of this Court and
further that in case of default of any compliance of order, the respondent shall
be entitled to evict and recover the decretal amount.
On the request of learned counsel for the appellant, on 7.7.2010 time was
extended for depositing the said amount up to 23.7.2010 as his client was not
feeling well. It was specifically stated in the order dated 7.7.2010 that no
further time shall be granted on the next date.
Today, Sri Ashish Kumar Singh, learned counsel for the appellant has stated
that despite communication to his client, he is not responding.
Considering the facts and circumstances of the case, the order dated 26.5.2010
is made effective as the appellant has defaulted in making compliance of
order of this Court. The authorities below are directed to proceed for
recovery of the decretal amount and for eviction.
The appeal is, accordingly, dismissed.
Order Date :- 26.7.2010
RCT/-