$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 64/2018, CM APPL. 6351/2018 GIRDHARI LAL .....Petitioner Through: Mr. Akshay Chawdhary, Mr. Shivam Sharma, Ms. Sonali Madaan, Advs. with LR of Petitioner in-person versus CHANCHAL AND ANR .....Respondents Through: Mr. Vishal Prasad, Adv. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 27.01.2025 1. Petitioner No.1(a) who is the son of the deceased tenant as well as Petitioner Nos.1(c) and (1(d) along with Respondent No.1 are physically present in the Court today. 2. The present Petition has been filed by the Petitioner/tenant impugning an order dated 12.12.2017 passed by Ld. SCJ/RC South East, Saket Court, New Delhi [hereinafter referred to as ‘Impugned Order’]. By the Impugned Order, the Application for Leave to Defend/contest was dismissed. The premises in issue is shop admeasuring 7' x 8' sq. ft, bearing no. 6 situated at RZ-306/16, Main Jagdamba Road, Tughlakabad Extension, New Delhi – 110019 [hereinafter referred to as ‘subject premises’]. 3. This Court, by its Order dated 26.11.2024, directed the parties to file their lease deeds/documents and photographs in support of their respective contentions qua use and occupation charges and listed the matter for 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 30/01/2025 at 12:44:11 affixation of user and occupation charges. 4. Learned Counsel for the parties submit that the parties have amicably resolved their disputes. 5. Learned Counsel for the Petitioners/tenants submits that the Petitioners/tenants will vacate the subject premises on or before 31.05.2025. 6. In lieu of the vacation of the subject premises, the learned Counsel for the Respondents/landlords, on instructions from the Respondents/landlords, submits that the Respondents/landlords agree to forego all claims for user charges and damages. 7. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioners/tenants, within a period of two weeks undertaking that: (i) The Petitiones/tenants shall hand over the vacant physical possession of the premises i.e shop admeasusring 7' x 8' sq. ft, bearing no. 6 situated at RZ-306/16, Main Jagdamba Road, Tughlakabad Extension, New Delhi – 110019 [hereinafter referred to as “subject premises”]. (ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioners/tenants to the Respondents/landlords on or before 31.05.2025; (iii) The Petitioners/tenants undertake and confirm that the entire subject premises is under their occupation and control; (iv) The Petitioners/tenants will pay all the utility bills such as electricity and water and any other dues, for the subject premises till the date of handing over of the vacant, physical and peaceful possession thereof; (v) The Petitioners/tenants undertake that they will not create any third- party rights or part with possession of the subject premises and that they shall not damage the subject premises in any manner whatsoever prior to its 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 30/01/2025 at 12:44:11 vacation; (vi) The Petitioners/tenants shall remain bound by the aforesaid Undertaking. 8. An advance copy of the Undertaking shall be served on the Respondents/landlords. 9. Subject to the Petitioner/tenant filing the aforesaid Undertaking before this Court within one week from today, execution of order dated 22.07.2024 passed in E. No.5095/16 captioned Smt. Chanchal and Anr. vs. Sh. Girdhari Lal [hereinafter referred to as the “Eviction Order”] shall remain stayed till 31.05.2025. 10. In the event that the Petitioners/tenants default in complying with the terms of the Undertaking filed, the interim protection granted hereinabove shall automatically stand dissolved and Respondents/landlords will be at liberty to take recourse to appropriate proceedings for recovery of possession, recovery of arrears and for recovery of the full user charges/damages from the Petitioners/tenants at market rate for the period from the date of the Eviction Order, in accordance with law. 11. The Revision Petition is disposed of in the aforegoing terms. Pending Application stands closed. 12. List the matter for compliance on 27.02.2025 in the Supplementary List. 13. The parties shall act based on the digitally signed copy of the order. TARA VITASTA GANJU, J JANUARY 27, 2025/jn 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 30/01/2025 at 12:44:11