RC.REV. 119/2018 $~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 12.03.2025 + RC.REV. 119/2018 SHISH RAM & ANR .....Petitioners Through: Mr. Alok Kumar, Sr. Adv. with Mr. Amit Kr. Singh, Mr. Varun Maheshwari and Mr. Manan Soni, Advs. with Petitioner No. 2 in person. versus GOVIND VASHISH .....Respondent Through: Mr. Keshav V. Hegde, Adv. with Respondent in person. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) 1. The Petitioner No.2, who is the brother of Petitioner No.1 along with Respondent is present before the Court today. 2. After some arguments, learned Counsel for the parties submit that the parties have amicably settled their disputes in the present Petition. Learned Senior Counsel for the Petitioners, on instructions, submits that the Petitioners are amenable to vacate the subject premises on or before 30.09.2025 and in the interregnum period, they shall continue to make the payment of user and occupation charges which have been fixed by this Court until the date they vacate the subject premises. 2.1 Learned Counsel for the Respondent, on instructions, submits that the Respondent is agreeable to allow time up to 30.09.2025. 3. In addition, learned Counsel for the Respondent submits that there are inter-se Petitions filed between the Petitioners and the Respondent which are pending before the learned Trial Court and those Petitions shall be Digitally Signed By:GEETA JOSHI Signing Date:13.03.2025 16:06:05 Signature Not Verified RC.REV. 119/2018 withdrawn by the Respondent on the next date of hearing before the respective Courts. 3.1 The Respondent is bound down by the statement made by his Counsel. 4. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioner, within a period of one week undertaking that: (i) The Petitioner shall hand over the vacant physical possession of the premises i.e., Shop bearing No.114 located in premises bearing No.115, Hari Nagar, Ashram, New Delhi [hereinafter referred to as “subject premises”]. (ii) The vacant, physical and peaceful possession of the subject premises will be handed over by the Petitioner to the Respondent on or before 30.09.2025; (iii) The user and occupation charges shall continue to be paid by the Petitioner in the sum of Rs. 16,000/- per month till the date of handing over of the vacant, physical and peaceful possession on or before 7th day of each calendar month; (iv) The Petitioners undertake and confirm that the entire subject premises is under their occupation and control; (v) The Petitioners 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; (vi) The Petitioners undertake that it will not create any third-party rights or part with possession of the subject premises and that it shall not damage the subject premises in any manner whatsoever prior to its vacation; (vii) The Petitioners shall remain bound by the Undertaking. 5. An advance copy of the Undertaking shall be served on the Digitally Signed By:GEETA JOSHI Signing Date:13.03.2025 16:06:05 Signature Not Verified RC.REV. 119/2018 Respondent. 6. All payments shall be made into the bank account of the Respondent. The details of the bank account shall be provided by the learned Counsel for the Respondent to the learned Counsel for the Petitioners on his email address within two days. 7. Subject to the Petitioners filing the aforesaid Undertaking before this Court within a week from today, execution of order dated 21.11.2017 passed in E. No. 28/2017 captioned Govind Vashisht v. Shish Ram & Anr. [hereinafter referred to as the “Eviction Order”] shall remain stayed till 30.09.2025. 8. In the event that the Petitioners default in complying with the terms of the Undertaking filed, the interim protection granted to the Petitioner on 03.04.2018 automatically stand dissolved and Respondent 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 at market rate for the period from the date of the Eviction Order, in accordance with law. 9. The Petition is disposed of in the aforegoing terms. 10. List the matter for compliance on 19.03.2025. 11. The parties will act based on the digitally signed copy of the order. TARA VITASTA GANJU, J MARCH 12, 2025/r Click here to check corrigendum, if any By:GEETA JOSHI Signing Date:13.03.2025 16:06:05