Udai Pratap Singh Vs Deepak Sharma and Others — Allahabad HC (2025) — LawSathi Research

Udai Pratap Singh Vs Deepak Sharma and Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay condoned and the revision disposed of in terms of the parties' agreement: revisionist to vacate the disputed premises latest by 31.03.2026 and pay rent/damages @ Rs.10,000/- per month from the date of the trial Court's judgment (25.07.2025) until vacation of the premises; trial Court's judgment modified to this extent; monies deposited during the pendency of the suit withdrawable by the respondents; breach of the undertaking to attract contempt proceedings.

Issue for consideration

Whether the delay in preferring the revision beyond limitation should be condoned. +1 more

Court's answer

The application seeking condonation of delay is allowed and the delay in filing the revision is condoned.

Ratio / Principle

The revision is disposed of in terms of the agreement reached between the parties: the revisionist shall vacate the disputed premises latest by 31.03.2026 and shall continue to pay damages at Rs.10,000/- per month from the date of the trial Court's judgment dated 25.07.2025 till the date he vacates the premises; the trial Court's judgment dated 25.07.2025 stands modified to this extent.

Key takeaways

Cautionary direction: if the undertaking given by the revisionist is breached, it shall be construed as deliberate violation of the Court's order and would entail contempt proceedings against the revisionist.obiter¶¶21

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Jaspreet Singh, J. — S.C.C. Revision Defective No. 17 of 2025 (Udai Pratap Singh v. Deepak Sharma and Others): delay in filing the revision condoned (respondents did not seriously oppose); revision disposed of on the basis of a mutual agreement whereby the revisionist undertakes to vacate the disputed premises latest by 31.03.2026 and to pay rent/damages @ Rs.10,000/- per month from the date of the trial Court's judgment dated 25.07.2025 until he vacates; the trial Court's judgment stands modified to this extent; amounts deposited during the pendency of the suit are withdrawable by the respondents; breach of the undertaking will attract contempt proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

S.C.C. REVISION DEFECTIVE No. - 17 of 2025

Udai Pratap Singh

.....Revisionist(s)

Versus Deepak Sharma And Others .....Opposite Party(s) Counsel for Revisionist(s) : Brijesh Kumar Bajpai Counsel for Opposite Party(s) : Utkarsh Srivastava

Court No. - 6

HON'BLE JASPREET SINGH, J.

Order on Application bearing No.1/2025 seeking condonation of delay .

It has been reported that the instant revision is beyond limitation.

Shri Utkarsh Srivastava, learned counsel for the respondents does not seriously oppose the application seeking condonation of delay.

The Court has considered the said application seeking condonation of delay, supported by an affidavit and the grounds shown is found sufficient. Accordingly, the application is allowed and the delay is condoned.

Order on the Revision

Heard Shri Brijesh Kumar Bajpai, learned counsel for the revisionist and Shri Utkarsh Srivastava, learned counsel for the respondents.

It has been informed that the parties have agreed amongst themselves that the revisionist herein would pay rent/damages to the respondents @ Rs.10,000/- per month from 25.07.2025 till the date he vacates the premises in question, latest being up till 31.03.2026.

It has also been pointed out that the revisionist has filed an undertaking to the aforesaid effect which is on record.

SCCRD No. 17 of 2025

2

Shri Utkarsh Srivastava, learned counsel for the respondents submits that they abide and agree with the aforesaid conditions.

It has also been informed by the parties that the revisionist has deposited money relating to arrears and damages while the suit was pending for the benefit of the landlord. The said amount can be withdrawn by the respondents.

In view of the aforesaid, the instant revision is disposed of in terms of the agreement arrived at between the parties that the revisionist would vacate the disputed premises latest by 31.03.2026 and shall continue to pay the damages @ Rs.10,000/- per month from the date of the judgment passed by the trial Court dated 25.07.2025 till the date he vacates the premises and latest by 31.03.2026. The judgment passed by the trial Court dated 25.07.2025 shall stand modified to the aforesaid extent.

It is made clear that in case if the aforesaid undertaking is breached, it shall be construed as deliberate violation of the order passed by the Court and would entail contempt proceedings for the revisionist.

(Jaspreet Singh,J.)

December 8, 2025

Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench