Devendra Kumar Arora, J. - (1.) In view of the order proposed issuance of notice to opposite party nos. 2 & 3 is hereby dispensed with. Heard.
(2.) The petitioner is aggrieved by the order of the Judge, Small Causes Court, Lucknow dated 4.9.2015, whereby application No. C-21 filed under Section 151 of C.P.C. of the petitioner was rejected on the ground that the High Court vide order dated 12.6.2015 passed in Misc. Writ Petition No. 3306 (M/S) of 2015, Gulab and others v. State of U.P. and others had stayed the eviction proceedings up to 31.8.2016 subject to certain conditions and in pursuance to the same an undertaking for vacating the house in dispute has been filed by co-petitioner on 6.7.2015.
(3.) The submission of the learned Counsel for the petitioner is that opposite party no. 2 & 3 approach this Court by means of the writ petition No. 3306 (M/S) of 2015, Gulab and others v. State of U.P. and others , challenging the judgment and order passed by Additional District Judge, Court No. 3, Lucknow in SCC Revision No. 1300003 of 2011, Gulab & Another v. Mahavir but finally agreed to vacate the property in dispute provided some reasonable time is given to them. In these circumstances Court while finally disposing of the writ petition filed by opposite party nos. 2 & 3 granted time up to 31.8.2016 to vacate the house in dispute subject to following conditions: a. The petitioner shall file an affidavit before the Prescribed Authority/Judge, Small Causes Court, Lucknow by 10.07.2015 containing the undertaking that they would hand over peaceful vacant possession of the house in dispute on or before 31.08.2016. b. In case the affidavit containing the undertaking mentioned above is filed before the Prescribed Authority/Judge, Small Causes Court, Lucknow within the time mentioned above, the petitioner shall not be evicted from the house in dispute up to 31.08.2016. c. In case the affidavit containing the undertaking is not filed before the Prescribed Authority/Judge, Small Causes Court, Lucknow by 10.7.2015 the petitioner shall not be entitled to the benefit of the order passed today and in that eventuality the petitioner shall be liable to be evicted forthwith and shall also be liable to pay the entire decretal amount along with interest as also rent/damages @ Rs. 800/- per month for use and occupation of the property in dispute. d. If after filing the undertaking, the peaceful vacant possession of the property in dispute is not handed over by the tenant-petitioner to the opposite party by 31.08.2016, then the petitioner shall be liable to pay rent/damages @ Rs. 1500/- per month till the property in dispute is actually vacated.;