MUMTAZ AHMAD Vs. THE VITH ADDL. DISTRICT JUDGE, KANPUR NAGAR AND OTHERS
LAWS(ALL)-1995-3-136
HIGH COURT OF ALLAHABAD
Decided on March 30,1995

MUMTAZ AHMAD Appellant
VERSUS
The Vith Addl. District Judge, Kanpur Nagar And Others Respondents

JUDGEMENT

N.L. Ganguly, J. - (1.) THE writ petition was dismissed by me by a detailed order on 16 -1 -95 with condition that the judgment of the courts below shall not be put in execution for the period of one year provided the petitioner submits an application and undertaking within one month from today before the Prescribed Authority that he shall vacate on or before 20 -1 -96 and hand over vacant possession of the shop in question to the landlord. For the period one year during which the petitioner shall be using the shop in question, the entire rent is to be deposited or paid by the petitioner in advance to the landlord within the said one month, failing which the concession granted to him for occupation of the shop for one year shall be automatically vacated. Admittedly, the entire amount which was to be deposited within the specified period was not deposited by the petitioner, only an undertaking with affidavit is said to have been filed. The order is clear. It was not duly complied with.
(2.) NOW by the application it is prayed that the petitioner be granted time and be permitted to deposit the amount which he failed to deposit on some misunderstanding as his counsel has not informed the correct fact after seeing the judgment. I do not consider it to be a satisfactory ground for extending time or giving any further relief. If the counsel has not read the order properly which is very clear and there is no un -ambiguity, the petitioner cannot be at the order of the court stand and deserves to be executed if such an application is moved. The application is rejected.;


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