15 January 2008
Supreme Court
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JAGDISH SARAN Vs PRASHANT KUMAR DUBLISH

Case number: C.A. No.-000425-000425 / 2008
Diary number: 16437 / 2007
Advocates: PRAMOD DAYAL Vs JITENDRA MOHAN SHARMA


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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.