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2025 DAILYLAW 33184 (DEL)

PRIYA MISHRA AND ORS. v. MANISH KUMAR UPADHYAY AND ANR

W.P.(C)/18034/2024 · 2025-01-03

Tara Vitasta Ganju

Writ Petition (Civil)body2025

Judgment text

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$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18034/2024 & CM Appl.76678/2024 PRIYA MISHRA AND ORS. .....Petitioners Through: Mr. Amit Saxena, Ms. Sakshi Bhayana, Mr. Santosh Sharma and Ms. Mandakini Sharma, Advs. versus MANISH KUMAR UPADHYAY AND ANR .....Respondents Through: Mr. Preetpal Singh and Ms. Tanupreet Kaur, Advs. for R-1 with R-1 in person. Mr. Sidharth Joshi, Mr. Ambareen, Mr. Vikrant Ballav Sharan and Ms. Akshita Sharma, Advs. for R-2 with R-2 in person. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 03.01.2025 CM Appl.76679/2024[Exemption from filing certified copies] 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. CM Appl.7/2025[For vacation of stay] 3. This is an Application filed on behalf of the Respondent No.2 seeking vacation of the stay order dated 30.12.2024. 4. Learned Counsel for the Petitioners and Respondent No.1 submits that a copy of the present Application has not been supplied to them. A copy of the present Application has now been supplied to the learned Counsel for the Petitioner and Respondent No.1. 5. Prima facie, in view of the fact that the order dated 30.12.2024 has already been complied with, this Court finds no reason to entertain the 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 23/01/2025 at 17:17:48 present Application. 6. After some arguments, learned Counsel for the Respondent No.2 seeks and is granted permission of the Court to withdraw the present Application. 7. The Application is accordingly dismissed as withdrawn. W.P.(C) 18034/2024 & CM Appl.76678/2024[Stay] 8. Learned Counsel for the Petitioners submits that the affidavit in compliance of the order dated 30.12.2024 has been filed. He further submits that there are 102 girls residing on the first, second, third floor and the top floor in the ‘Ridhi Siddhi Girls PG Hostel’ being run in property bearing no. 2/70 and 2/71, Gali No.2 situated at the abadi of Lalita Park, Laxmi Nagar, Delhi [hereinafter referred to as “subject property”]. The affidavits/authority letters of handing over the vacant possession of the rooms by approximately 92 girls have already been obtained and filed before this Court. 8.1 Learned Counsel for the Petitioners further submits that so far as concerns the remaining 10 girls, the same will be obtained within a week and also filed before the Court. 9. Learned Counsel for Respondent No.1 submits that he has brought the bank draft in the sum of Rs. 5,25,000/- today. The same has been handed over to the learned Counsel for the Respondent No.2 who has examined the same and states, on instructions, that it is in order. 10. Let the affidavits/authority letters of the remaining occupants of the subject property be filed by the Petitioners within a week with an advance copy to the Respondents. 11. In the meantime, let no coercive steps be taken pursuant to order dated 04.10.2024 passed by the learned Trial Court in Execution No. 19 EX 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 23/01/2025 at 17:17:48 171/23 captioned Maneet Singhal v. Maneet Kumar Upadhaya until 20.01.2025. 12. In view of the directions passed today, learned Counsel for the Petitioners submits that nothing further survives in the matter and the matter may be disposed of. 13. The Petition is accordingly disposed of. 14. The Respondent No.2 is at liberty to take appropriate steps in accordance with law in the event directions passed by this Court on 30.12.2024 and today are not complied with. 15. List for compliance before the Roster Bench on 14.01.2025. 16. Parties will act based on the digitally signed copy of the order. TARA VITASTA GANJU (VACATION JUDGE) JANUARY 3, 2025/r 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 23/01/2025 at 17:17:48