Dismissed

Sunil Kumar Matta v. Mithlesh Devi

Delhi HC3 Jul 2018RSA/96/2018

Case brief

AI extract

What is this about?

The Court recorded an agreement between the parties under which the respondent withdraws her remaining claims in exchange for the appellants delivering vacant physical possession of the premises on or before September 11, 2018.

What did the court decide?

Stay on execution of ejectment decree pending delivery of vacant possession by September 11, 2018; withdrawal of respondent's remaining claims.

Sunil Kumar Matta Vs Mithlesh Devi — Landlord and Tenant | Delhi HC (2018)

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$~14,15&16.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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RSA 95/2018 SARLA RANI		..... Appellant
	Through:	Mr. Hemant Malhotra, Mr. Sharad Malhotra
		& Pankaj Malhotra, Advs. along with appellant in person..
		Versus
MITHLESH DEVI		..... Respondent
	Through:	Counsel for the respondent (appearance not given).
		AND
+ RSA 96/2018
SUNIL KUMAR M	ATTA	..... Appellant
	Through:	Mr. Hemant Malhotra, Mr. Sharad Malhotra
		& Pankaj Malhotra, Advs. along with
		appellant in person.
		Versus
MITHLESH DEVI		..... Respondent
	Through:	Counsel for the respondent (appearance not given).
		AND
RSA 97/2018
AJAY KUMAR MA	TTA	..... Appellant
	Through:	Mr. Hemant Malhotra, Mr. Sharad Malhotra
		& Pankaj Malhotra, Advs. along with
		appellant in person.
		Versus
MITHLESH DEVI		..... Respondent
	Through:	Counsel for the respondent (appearance not given).

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CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R

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12.07.2018

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These appeals have been listed in the Second Supplementary List published after the Court commencement hours.

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This order is in continuation of the earlier order dated 3^rd July, 2018.

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The counsel for the respondent in all the three appeals appears.

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After certain parlays, it has been agreed that subject to each of the appellant

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RSA 95/2018, RSA 96/2018 & RSA 97/2018 page 1 of 2

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vacating and delivering vacant peaceful physical possession of the entire shop / premises in her / his respective occupation / possession to the respondent, on or before 11^th September, 2018, the respondent shall not claim any arrears of rent / mesne profits from the appellants and the remaining claim in each of the suit from which these appeals arise shall stand withdrawn or will be withdrawn by the respondent. It has further been agreed that if each of the appellant does not so deliver vacant peaceful physical possession to the respondent on or before 11^th September, 2018, each of them, besides liable for being proceeded against for breach of undertaking given to this Court and as recorded in the order dated 3^rd July, 2018, shall also be liable for payment of all arrears of rent and mesne profits / damages for use and occupation @ Rs.10,000/- per month with effect from the date of institution of each of the suits from which these appeals arise and till the date of vacation / eviction.

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The counsel for the appellants states that each of the appellant is present in the Court and has understood the aforesaid as well as the consequences of breach of undertaking given to the Court.

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In view of the aforesaid, the counsel for the respondent states that the decree for ejectment shall not be executed till 11^th September, 2018.

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The parties are ordered to be bound by the aforesaid.

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Else, the appeals have already been dismissed as withdrawn on 3^rd July, 2018, no further orders are required.

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RAJIV SAHAI ENDLAW, J

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JULY 12, 2018 ‘pp’ ..

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RSA 95/2018, RSA 96/2018 & RSA 97/2018

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page 2 of 2

Sunil Kumar Matta v. Mithlesh Devi

Case brief

What is this about?

What did the court decide?

Sunil Kumar Matta v. Mithlesh Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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