Full Judgment Text
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CASE NO.:
Appeal (civil) 425 of 2008
PETITIONER:
Jagdish Saran
RESPONDENT:
Prashant Kumar Dublish
DATE OF JUDGMENT: 15/01/2008
BENCH:
Tarun Chatterjee & Dalveer Bhandari
JUDGMENT:
JUDGMENT
O R D E R
in
IA No. 2 in CIVIL APPEAL NO. 425 OF 2008
(Arising out of S.L.P.) No.10995 of 2007)
1. Leave granted.
2. This appeal is directed against the impugned interim
order dated 26th of February, 2007 passed by the High
Court of Judicature at Allahabad in CMWP No.70990 of
2006 by which a learned Judge of the High Court at the
admission stage of the writ petition has directed the
appellant to pay to the respondent Rs.2000/- per month in
place of agreed rent of Rs.100/- per month.
3. Having heard the learned counsel for the parties
and after going through the materials on record and
without considering the fact whether the High Court was
justified in increasing the amount payable by the appellant
to the respondent from Rs.100/- to Rs.2000/- per month
during the pendency of the writ petition before it and we
feel that it will be fit and proper, instead of Rs.2000/-,
directions may be made to pay Rs.1000/- per month.
4. We also make it clear that in the event the appellant
fails to deposit the amount directed by us for two
consecutive months, the interim order granted by the High
Court and modified by us by this order shall stand
automatically vacated.
5. Let the writ petition itself be decided at an early date
preferably within six months from the date of
communication of this order.
6. The appeal is thus allowed to the extent indicated
above.
7. In view of the order passed in C.A.No.425/2008 @
out of S.L.P. ) No.10995/2007, I.A.No.2 is also disposed
of.