A227/11848/2026 of DR MANOJ AGRAWAL Vs MADHAVLAL CHATURVEDI AND 2 OTHERS on 22 September 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11848 of 2026 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Amit Singh, learned counsel appearing for the petitioner and Ms Rama Goel Bansal, learned counsel appearing for the respondents. Present petition has been filed, seeking to assail the order dated 2.2.2026 passed by the Additional District Judge, Court No.1, Mathura in P.A. Appeal No.10 of 2010 (Madhav Chaturvedi vs. Dr. K K Agarwal (Deceased) and others), whereby the appeal filed by the respondent- landlords has been allowed and the order dated 31.3.2010, rejecting the application filed by the respondents under Section 21 (1) (a) of the U P Act No.13 of 1972, has been set aside and as a consequence, the release application has been allowed. Counsel appearing for the petitioner has not disputed that the order impugned is based on appreciation of facts and the evidence on record and does not suffer from any patent error, illegality or perversity warranting interference by this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India. Accordingly, the principal relief sought in the petition cannot be granted. At this stage, counsel for the petitioner, however, seeks alternative relief by seeking additional time of nine months to vacate the premises in question. Counsel appearing for respondent-landlords, on instructions, submits that she has no objection to additional time being granted to the petitioner for vacating the premises in question. Versus Counsel for Petitioner(s) : Amit Singh Counsel for Respondent(s) : Ashish Bansal, Rama Goel Bansal, Shalini Goel Dr Manoj Agrawal .....Petitioner(s) Madhavlal Chaturvedi And 2 Others .....Respondent(s)

Having regard to the aforesaid facts, and in view of the prayer made on behalf of the petitioner, while dismissing the petition, this Court grants nine months' time, as agreed by the counsel for the parties, to the petitioner to vacate and hand over peaceful possession of the premises in question to the respondent-landlords, subject to the following conditions:

(i) The tenant-petitioner shall file an undertaking before the concerned Prescribed Authority, stating that he shall hand over peaceful possession of the premises in question to the respondent-landlords on or before 23th June, 2027, and shall deposit the entire arrears of rent, as per the terms of the order passed by the Prescribed Authority, after making adjustment of the amount already deposited, if any, within a period of two weeks from date.

(ii) The aforesaid undertaking shall be filed within a period of two weeks from today; and

(iii) The tenant-petitioner would continue to deposit monthly amount of Rs.3000/-, as agreed by counsel for the parties, towards 'use and occupation charges' by the 7th day of each succeeding month, starting from October, 2026, during the extended period of occupation. It is made clear that in the event of default in compliance with any of the aforesaid conditions, the protection granted by this Court shall stand vacated automatically, and it shall be open to the respondent-landlords to seek enforcement of the order passed by the Prescribed Authority in accordance with law. Subject to the above observations, petition stands dismissed. September 23, 2026 RKK/- A227 No. 11848 of 2026 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad