The Delhi High Court dismissed an application seeking to modify or review an earlier interim order. The court held that since the appellant had not pressed the appeal against the impugned order and failed to file a substantive appeal, the prayer could not be entertained.
Application for modification or review of the order dated 18.02.2019 is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 141/2019 JAIVEER SINGH
..... Appellant
Through : Mr.Anil Panwar, Mr.Tanishq Panwar and Mr.Anilesh Tewari, Advs.
versus
MAMTA AGGARWAL
..... Respondent Through : Mr.Naveen Gaur and Mr.Kaushlender Singh, Advs.
CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA
O R D E R % 13.01.2020 CM APPL.No.52795/2019
This application is for recalling of the order dated 18.02.2019. Order dated 18.02.2019 notes as under :
3. Learned counsel for the appellant after arguments took a pass-over to take instructions, and after taking instructions it is stated that whereas the appeal can be disposed of as not pressed by confirming the decree for possession in favour of the respondent/plaintiff, however, the case of the respondent/plaintiff, as per the plaint, was that the suit property was only a plot of 325 sq. yds whereas presently on the suit plot there is a property which is constructed of 2 ½ floors, and therefore, the appellant/defendant is entitled to remove the 2 ½ floors or in the alternative get a price for this constructed property from the respondent/plaintiff who can take the constructed property as it is from the appellant/defendant by not demolishing the same and removing the constructed portion.
4. Limited to the aforesaid aspect, let notice be issued to the respondent on filing of process fee, both in the ordinary method as well as by registered AD post, returnable on 26th March, 2019.
5. Till further orders unless varied by the Court, there shall be stay of operation of the impugned judgment 22.2.2018 passed by the court of
Ms.Charu Aggarwal, ADJ-03 (West) Tis Hazari Courts, Delhi in Suit No.612669/2016 titled as Smt. Mamta Aggarwal Vs. Jaiveer Singh.
This order was passed in the presence of counsel for the applicant wherein the appeal, per instructions from his client was not pressed. The appellant has not filed an appeal against the order dated 18.02.2019 till date, though he relies upon an order dated 17.07.2019 which is not in consonance with order dated 18.02.2019. Admittedly, in order dated 18.02.2019 only a limited notice was issued. The appeal is to be heard only qua the said limited notice and not otherwise, hence, the prayer now made in the application for modification/ review of order dated 18.02.2019 cannot be allowed.
The application stands dismissed.
RFA 141/2019, CM APPL.No.7387/2019, 48264/2019
At this stage, learned counsel for the appellant says he is not inclined to accept any money, muchless Rs.25 lacs, as was offered on 17.07.2019 towards cost of construction. Since the appellant is not inclined to accept money offered, there is no point in continuing with the proceedings, hence the appeal is disposed of, per order dated 18.02.2019. However the appellant is given liberty to reconsider this option viz. of accepting Rs.25 lacs towards cost of construction or such other amount as may be amicably agreed between both the parties, before the learned Executing Court, lest the executing Court may execute the decree.
Pending applications also stand disposed of.
YOGESH KHANNA, J.
JANUARY 13, 2020 /VLD
1 issue framed by the court
Whether an application for modification or review of an interim order can be allowed when the underlying appeal was not pressed and no appeal was filed against the said order.
Jaiveer Singh
Mamta Aggarwal
Yogesh Khanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
