$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 259/2023 ASHWANI BAJAJ THROUGH LR SEEMA BAJAJ .....Appellant Through: None. versus SUSHIL SACHDEVA & ANR. .....Respondents Through: Mr. Ankur Chaudhary, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE GIRISH KATHPALIA O R D E R % 29.01.2025 [Physical Hearing/Hybrid Hearing (as per request)] RFA 259/2023, CM APPL. 15711/2023 & CM APPL. 15712/2023 1. None appears for appellant and learned counsel for respondents expresses anguish and rightly so that on last three consecutive dates the matter could not reach till end of the day and prior to that, by way of ex- parte order, the predecessor bench stayed operation of the impugned judgment and decree without assigning any reasons. 2. The appellant has assailed judgment and decree passed under Order XII Rule 6 CPC for recovery of possession of the immovable property, leaving the issue of quantification of mesne profits for further proceedings. It appears from record that initially the appellant gave an undertaking before the trial court that the subject property would be vacated by 15.03.2020, but the same was not done so the trial court wrote judgment under Order XII Rule 6 CPC qua possession of the subject property. The impugned judgment and decree is assailed by the appellant claiming that she had already vacated 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 01/07/2025 at 17:12:00 the subject property, so second vacation is contrary to law, therefore the impugned judgment and decree is not sustainable. Learned counsel for respondents submits that the appellant has not vacated the complete property. 3. Whatever be the claim and counter claim, the correctness and legality of the same has to be decided only after hearing both sides. 4. But since none appears for appellant, the appeal and the pending application are dismissed in default. GIRISH KATHPALIA, J JANUARY 29, 2025/v Click here to check corrigendum, if any 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 01/07/2025 at 17:12:00