M/S Munni Lal Raj Kumar Vs Rakesh Kumar & Anr.

“It is, therefore, prayed that the present petition be allowed and the against the impugned order of eviction 24.12.2018 passed in Eviction Petition No. 470/2016 by the court of Shri Nipun Awasthi, ACJ cum CCJ-CUM-ARC(E), Karkardooma Courts, Delhi thereby allowing the application Under Section 114 CPC read with Section 47 CPC be set aside and petitioner be granted leave to defend as per his application to contest the petition with

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costs

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Any other or further order which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case may also be passed in favour of the Petitioner and against the Respondents”.

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In the present proceedings vide order dated 18.12.2025, it was recorded

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This is a digitally signed order.

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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 19/03/2026 at 13:19:58

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as under: -

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“1. Learned counsel for the parties, upon instructions from the respective tenant and landlords, submit that the parties have agreed that the tenant shall hand over the vacant, peaceful and physical possession of the subject premises to the respondents/ landlords on or before 30.04.2026, and shall also pay enhanced user and occupation charges @ Rs.4,000/- per month on or before the 7th day of each month to the landlords for the said period w.e.f. December 2025.

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Needless to say, the tenants shall pay/ clear all the charges levied towards electricity and water charges, as also the RWA dues, including all other statutory dues qua the subject premises, and hand over all the requisite documents reflecting the payment(s) of each of the above to the landlords on or before the said date, i.e. 30.04.2026.

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Learned counsel for the tenant seeks, and is granted, a period of two weeks, to file an affidavit of undertaking in terms of the aforesaid.

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Renotify on 09.01.2026”.

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In pursuance of the directions passed in the aforesaid order, an affidavit dated 24.12.2025 on behalf of the petitioner has been placed on record wherein, it has been stated as under: -

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“2. That the deponent undertakes to vacate and handover physical vacant possession to the respondent/landlord on or before 30.04.2026 and also to pay Rs.4000/- per month as use and occupation charges at the rate of Rs.4000/- per month w.e.f. Decemberr-2025.

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That I undertakes to handover the requisite document reflecting the payment of electricity and water charges if any or RWA dues or other statutory dues at the time of vacating the premises.

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That I undertakes not to subject or assign an portion of the

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This is a digitally signed order.

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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 19/03/2026 at 13:19:58

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property to any third party”.

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In view of the same, learned counsel for the petitioner seeks leave to withdraw the present petition.

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Leave granted.

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The present petition is dismissed as withdrawn and disposed of accordingly.

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Pending application, if any, also stands disposed of.

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AMIT SHARMA, J

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MARCH 16, 2026/Sh

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This is a digitally signed order.

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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 19/03/2026 at 13:19:58

M/S Munni Lal Raj Kumar v. Rakesh Kumar & Anr.

Case brief

What is this about?

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M/S Munni Lal Raj Kumar v. Rakesh Kumar & Anr.

Case brief

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What the court decided

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