Anil Kumar Vs Devi Singh & Anr. — Delhi HC (2025) — LawSathi Research

Anil Kumar Vs Devi Singh & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of in terms of the undertakings: appellant/Judgment Debtor to deposit 50% of the decretal amount, including interest, by 23rd August 2025 and the balance 50% within two months thereafter; possession of the suit premises to be surrendered within four months from 25th July 2025; affidavit undertaking before the Executing Court accepted; pending applications disposed of.

Issue for consideration

Whether the present appeal should be disposed of in terms of the undertakings given by the appellant/Judgment Debtor to deposit the decretal amount (with interest) and to surrender possession of the suit premises.

Court's answer

The statement made on instructions by counsel for the appellant/Judgment Debtor — to deposit 50% of the decretal amount, including interest, by 23rd August 2025 and the balance 50% within two months thereafter — is accepted as an undertaking to the Court.

Ratio / Principle

The statement that possession of the suit premises shall be surrendered within four months from 25th July 2025 is accepted as an undertaking to the Court.

Key takeaways

The affidavit undertaking already furnished by the appellant/Judgment Debtor before the Executing Court is accepted.ratio¶17
The present appeal stands disposed of in terms of the aforesaid order (i.e., in terms of the recorded undertakings).ratio¶18
Pending application(s), if any, also stand disposed of.ratio

Detailed headnote1 paragraphs

Delhi High Court (Nitin Wasudeo Sambre and Anish Dayal, JJ.), order dated 11.08.2025 in RFA(COMM) 413/2025, Anil Kumar v. Devi Singh & Anr. Acting on statements jointly invited to its attention by both counsels, the Court accepted as undertakings: (i) the statement made on instructions by counsel for the appellant/Judgment Debtor to deposit 50% of the decretal amount, including interest, by 23rd August 2025 and the balance 50% within two months thereafter; (ii) the statement that possession of the suit premises would be surrendered within four months from the order dated 25th July 2025; and (iii) the affidavit undertaking already furnished before the Executing Court. Counsel for the respondents did not dispute the proposition or the appellant's counsel's statements. The appeal and pending applications were disposed of accordingly.

$~3

IN THE HIGH COURT OF DELHI AT NEW DELHI

- RFA(COMM) 413/2025&CM APPL. 44760/2025 CM APPL. 44761/2025

ANIL KUMAR .....APPELLANT

Through: Mr. Pradeep Kumar, Adv. (through VC)

versus

DEVI SINGH & ANR. .....RESPONDENTS Through: Mr. Virendra Singh, Adv.

CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R % 11.08.2025

We have heard the respective counsels for some time.

Both counsels have jointly invited our attention to the order dated 25^th July 2025, passed by this Court.

The appellant/Judgment Debtor has undertaken before this Court to deposit 50% of the decretal amount, including the interest, by 23^rd August 2025, and balance 50% within a period of two months, thereafter.

Since the said statement was made by the counsel for the appellant/Judgment Debtor, on instructions, same is accepted as an undertaking to this Court.

Further, a statement was made that the possession of suit premises shall be surrendered within a period of four months, from the date of passing of the said order viz. 25^th July 2025, is also accepted as an undertaking.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2025 at 12:37:05

We are informed by the counsel for appellant/Judgement Debtor that he has already furnished an undertaking in the form of an affidavit, before the Executing Court; the same is accepted.

That being so, present appeal stands disposed of in terms of the aforesaid order.

Pending application(s), if any, also stand disposed of.

Counsel for the respondents has not disputed the aforesaid proposition, as well as, statements of appellant’s counsel.

Order be uploaded on the website of this Court.

NITIN WASUDEO SAMBRE, J

ANISH DAYAL, J

AUGUST 11, 2025 /pr/sp

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/08/2025 at 12:37:05