Dismissed

Anil Kumar Jain & Ors. v. Shanta Beri

Delhi HC3 Aug 2018CM(M)/877/2018

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a curative miscellaneous petition filed by Anil Kumar Jain challenging an observation in an eviction appeal. The petitioner withdrew the petition, seeking liberty to submit before the lower court regarding the respondent's assurance of not executing the eviction order during pendency. The Court allowed the withdrawal in the principal case.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to seek redressal on privilege of non-anticipation regarding eviction order execution.

Anil Kumar Jain & Ors. Vs Shanta Beri — Contract and Commercial Disputes | Delhi HC (2018)

¶1

$~40

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CM(M) 877/2018 & CM APPL. 30893-30894/2018 ANIL KUMAR JAIN & ORS ..... Petitioner Through: Mr. A. Maitri, Adv.

¶4

versus

¶5

SHANTA BERI ..... Respondent Through: None.

¶6

CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA

¶7

O R D E R % 03.08.2018 CM APPL. 30894/2018 (Exemption)

¶8

Exemption allowed, subject to just exceptions.

¶9

CM(M) 877/2018 & CM APPL. 30893/2018

¶10

Vide the present petition, the petitioner assails the impugned order dated 23.07.2018 of the RCT, South-East in ARCT No.21/17 whereby it has been observed to the effect that:

¶11

“Present: Shri A. Maître, counsel for appellant.

¶12

Shri NP Singh, counsel for respondent.

¶13

Final arguments partly heard and are deferred at request of learned counsel for appellant who needs to inspect pleadings to find out if there are specific pleadings and evidence in support of his contention that after death of Smt. Chanderkala, fresh tenancy was created between the present respondent and the present appellants, whereby the present appellants were inducted as tenants in common. According to the appellants, they are not joint tenants so on account of alleged acquisition of property by two of the appellant, eviction order against all three could not be CM(M) 877/2018 page no.1 of 3

¶14

passed.

¶15

List for further arguments on 18.09.2019.”

¶16

It has been submitted on behalf of the petitioner that the said RCT No.21/17 filed by the petitioner is against the order dated 24.10.2017 of the learned Senior Civil Judge-cum- Rent Controller, South-East in Eviction Petition No.5064/2016, whereby the said Eviction Petition had been allowed. It has been submitted on behalf of the petitioner that after institution of the appeal RCT No.21/2017 before the District & Sessions Judge, South-East, there have been repeated submissions made on behalf of the respondents to the said appeal i.e. the petitioner of the Eviction Petition on 14.12.2017, 14.03.2017 and 25.05.2018 that they would not seek the execution of the order of the eviction as passed by the learned Rent Controller, South-East. It has further been submitted on behalf of the petitioner that such an observation in relation to non-execution of the eviction order and restraint in relation thereto is not depicted in the order dated 23.07.2018 of the learned RCT, South-East i.e. the District & Sessions Judge, South-East.

¶17

Nothing prevents the petitioner from making such prayer before the learned RCT, South-East. Learned counsel for the petitioner thus seeks to withdraw the present petition seeking liberty to seek redressal in relation to the said submissions and the prayer to be made seeking the submission from the respondent to the effect that there would be no execution of the eviction order sought during the pendency of the proceedings in RCT No.21/2017. In view of the said submission, the CM(M) 877/2018 page no.2 of 3

¶18

petition is so dismissed as withdrawn with liberty granted, as prayed. Copy of the order be given Dasti, as prayed.

¶19

ANU MALHOTRA, J

¶20

AUGUST 03, 2018 vm

¶21

page no.3 of 3

¶22

CM(M) 877/2018

Anil Kumar Jain & Ors. v. Shanta Beri

Case brief

What is this about?

What did the court decide?

Anil Kumar Jain & Ors. v. Shanta Beri

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dimple Sharma Vs Vipin Sharma

Rishi Raj Tejuja Vs Kimmi Kohli & Anr.

Captain Kamal Kundan Grover Vs Shaila Kamal Grover

Someshwar Dayal Vs Anupama Dayal

Amitabh Bhasin Vs Hemlata Bhasin

M/S Textile & Tent Manufacturers Vs Union of India

Yogender Sen Manchanda & Ors. Vs M/S S S Investments

Anila Dasgupta (Deceased) Thr Lrs Vs Maya Bahttacharjee (Deceased) Thr Lrs & Anr.

Suchitra Solanki Vs Santosh Solanki

S Ravinmder Pal Singh Vs Kewal

Shansha @ Shadab Vs State (Nct of Delhi )

Sunita Rani Chauhan Vs Raghu Nandan

Usha Soni Vs Khajanchi Lal