In a second appeal regarding ejectment, the appellant bank voluntarily agreed to vacate the suit property by September 30, 2012, subjecting the appeal to dismissal.
Court disposed of the appeal directing the appellant bank to vacate the premises by 30.09.2012.
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RSA No.4051 of 2011 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.4051 of 2011 (O&M) Date of decision:12.03.2012
Senior Manager, Punjab National Bank
......Appellant
Vs.
Meena Nanda
...Respondent
CORAM:- HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr. R.S. Bhatia, Advocate for the appellant.
Mr. N.S. Shekhawat, Advocate for the respondent.
Tejinder Singh Dhindsa, J. (Oral)
The defendant/appellant-Bank is in second appeal before this
Court.
A suit for possession by way of ejectment of the bank from the suit property was instituted by the plaintiff/respondent. Vide judgment and decree dated 29.01.2010 passed by the trial Court, the suit was decreed in favour of the plaintiff/respondent and she had been held entitled to vacant possession of the premises in question and the defendant-bank had been directed to hand over the possession of the same within a period of two months. In a civil appeal preferred by the appellant/defendant vide judgment dated 14.06.2011, the first appellate Court affirmed the judgment and decree of the trial Court. It was under such circumstances that the appellant-bank is in second appeal before this Court.
RSA No.4051 of 2011 (O&M)
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On 16.01.2012, learned counsel appearing for the appellant had made a statement that he does not wish to pursue the instant second appeal but limits the submissions only with respect to seeking some reasonable time to vacate the demises premises. It was on such limited plea that notice of motion had been issued to the sole respondent.
Mr. R. S. Bhatia, Advocate appearing for the appellant upon instructions from Mr. Gurnam Singh, Senior Manager, Punjab National Bank, Bilaspur Branch makes a statement at the bar that the appellant-Bank will vacate the demised premises positively by 30.09.2012. Mr. R.S. Bhatia, Advocate further submits that arrears of rent, if any, shall also be made good forthwith.
Mr. N.S. Shekhawat, Advocate appearing for the respondent submits that he has no objection to such extension of time being granted to the appellant-Bank for vacation of premises in question till 30.09.2012.
In the light of such agreed position between respective parties, the present regular second appeal is disposed of with the directions for the defendant/appellate-bank to vacate the premises in question by 30.09.2012.
Disposed of accordingly.
March 12, 2012 harjeet
(TEJINDER SINGH DHINDSA) JUDGE
Senior Manager, Punjab National Bank
Meena Nanda
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
