Hari Prasad v. Shahnaz Yunus

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No. 114 of 2014 ====================================================== Hari Prasad Son of Late Rajendra Kumar Agrawal Resident of Saristabad, P.S.- Gardanibagh, District Patna at present Pursottam Kirana Dukan, S.P. Verma Road, P.S.- Kotwali, P.O. G.P.O., Distt- Patna .... .... Petitioner

Versus

Shahnaz Yunus Wife of Late Md. Yasub Yunus of Shahnaz Yunus Manzil S.P. Verma Road, P.O. G.P.O., P.S.- Kotwali, Distt- Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Bhartee For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-04-2017 Affidavit is filed on behalf of the petitioner. The copy of aforesaid affidavit has already been furnished to learned counsel appearing for the opposite party.

No objection regarding the contents of affidavit is raised on behalf of the opposite party.

Heard the parties.

The present civil revision petition has been preferred against the judgment and decree dated 10.06.2014 passed by the learned Munsif-III, Patna in Eviction Suit No. 8 of 2007 by which the learned Munsif decreed the aforesaid suit on contest directing the petitioner-defendant to vacate the suit premises and hand over the vacant possession of the same to plaintiff-opposite party within

Patna High Court C.R. No.114 of 2014 (6) dt.27-04-2017 2/2 sixty days. However, during pendency of this civil revision petition, both parties settled their dispute amicably and the petitioner-defendant agreed to vacate the suit premises by 30.06.2017 and likewise, plaintiff-opposite party agreed not to realize dues rent of any month. Furthermore, both parties agreed that any breach of the aforesaid agreement shall give liberty to concerned party to file contempt petition.

Since the parties have already settled their dispute and now, petitioner does not want to challenge the impugned judgment and decree dated 10.06.2014, this civil revision petition stands disposed of in the light of terms and conditions mentioned at para5 of the aforesaid affidavit. Consequent thereof, the order dated 29.02.2016 shall also lost its force. However, it is made clear that the concerned court, where Execution Case No. 1479 of 2014 is pending, shall take step in that case after 30.06.2017, if the suit premises is not vacated by the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U