$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010264382024 + FAO 155/2024 and CM APPL. 27569/2024 MAHESH KUMAR PARWAL .....Appellant Through: None versus AGGARWAL GRANITES .....Respondent Through: Mr. Utkarsh Mathur, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 14.09.2026 The matter is taken up today as 11.09.2026 was declared holiday vide Notification No. 86/G-4/Genl.-I/DHC dated 08.09.2026. 1. The present appeal pertains to a challenge to the order dated 22.04.2024 passed by the learned Additional District Judge-01 (West), Tis Hazari Courts, Delhi in Civil DJ No. 691/2020, whereby the application filed by the appellant under Order XXXIX Rule 10 read with Section 151 CPC seeking payment of the unpaid rent in respect of the suit property was dismissed. 2. Notably, the appellant, who is the plaintiff before the Trial Court, had instituted the suit seeking recovery of unpaid rent in respect of the property bearing No.E-2A, Mansarovar Garden, Delhi-110015, Front portion of the ground floor and entire first floor measuring 147 sq. yds. respectively (hereinafter referred to as the “suit property”). The case of the appellant is that the suit property is commercial in nature and that the respondent had paid rent only up till March, 2019, and thereafter failed to pay the agreed 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 18/09/2026 at 11:19:06 monthly rent. The suit was initially instituted under Order XXXVII CPC and the leave to defend was subsequently granted to the respondent. 3. It is the submission of learned counsel for the respondent that the present appeal does not survive for consideration in view of the subsequent developments between the parties. It is submitted that the appellant had also instituted a separate suit seeking possession of the suit property, which came to be decreed under Order XII Rule 6 CPC. The RFA preferred against the said decree came to be dismissed on 12.01.2026 and the respondent thereafter preferred an SLP(C) bearing No. 7115/2026 before the Supreme Court. Learned counsel further submits that in the proceedings before the Supreme Court, the issue relating to the arrears of rent has also been considered whereafter the respondent has deposited substantial amounts towards the arrears. It is submitted that the respondent has also agreed to continue to pay/deposit the monthly rent at the rate of Rs.2 lakhs, as stipulated under the rent agreement. On instructions, learned counsel submits that the aforesaid payment shall continue to be made/deposited without prejudice to the rights and contentions of the respondent and subject to the final outcome of the aforesaid SLP. 4. On a perusal of the record, it is also noticed that the appellant has not been appearing for the last two dates of hearing. In view of the subsequent proceedings between the parties and the undertaking furnished on behalf of the respondent to continue to pay/deposit the monthly rent, subject to the outcome of the proceedings pending before the Supreme Court, no further orders are called for in the present appeal at this stage. 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 18/09/2026 at 11:19:06 5. Accordingly, the present appeal, along with the pending application, is disposed of. Needless to say, the appellant shall be at liberty to seek appropriate clarification, if so required, in accordance with law. MANOJ KUMAR OHRI, J SEPTEMBER 14, 2026 na 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 18/09/2026 at 11:19:06