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2025 DAILYLAW 7106 (DEL)

SH DEEP PAL SINGH & ORS. v. RAM DULAI BHUTANI

RC.REV./14/2025 · 2025-01-15

Tara Vitasta Ganju

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 14/2025 & CM Appls.2167-68/2015 SH DEEP PAL SINGH & ORS. .....Petitioners Through: Mr Ajay Kohli and Ms. Dipika Prasad, Advs. versus RAM DULAI BHUTANI .....Respondent Through: Mr. Saniv Sen, Sr. Adv. with Mr. Jaya Goyal, Ms. Manpreet Kaur, Ms. Anjali Singh, Mr. Prahlad Bajaj and Mr. Pragyan Mishra, Advs. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU O R D E R % 15.01.2025 1. The Petitioner No.1 along with the Respondent is present physically in the Court today. 2. After some arguments, learned Counsel for the parties submits that the parties have arrived at an amicable settlement in the matter. 3. Learned Counsel for the Petitioners/tenants on instructions from the Petitioners/tenants submits that the Petitioners/tenants shall vacate the tenanted premises on or before 31.05.2025. 4. In lieu of the early vacation of the tenanted premises, the learned Counsel for the Respondent/landlord, on instructions from the Respondent/landlord, submits that the Respondent/landlord agrees to forego all their claims for user charges and damages. 5. In view thereof, let an Undertaking by way of an Affidavit be filed by the Petitioners/tenants within a period of one week undertaking that: (i) The Petitioners/tenants shall hand over the physical possession of 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 24/01/2025 at 15:32:18 property i.e., one room in courtyard situated at the back side of property bearing no. HS-22, Kailash Colony Market, New Delhi – 110048, more particularly marked in red in the site plan [hereinafter referred to as the “subject Premises”] on or before 31.05.2025; (ii) The vacant, physical and peaceful possession of the subject Premises will be handed over by the Petitioners/tenants to the Respondent/landlord on or before 31.05.2025; (iii) The Petitioners/tenants undertakes and confirms that the entire subject Premises are 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 undertakes 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 vacation; (vi) The Petitioners/tenants shall remain bound by the aforesaid Undertaking. 6. An advance copy of the Undertaking shall be served on the Respondent/landlord. 7. Subject to the Petitioners/tenants filing the aforesaid Undertaking before this Court within a week from today, the execution of order dated 30.07.2024 passed in RC ARC 68/23 captioned Ram Dulari Bhutani v. Sh. Deep Pal Singh shall remain stayed till 31.05.2025. 8. In the event that the Petitioners/tenants defaults in complying with the terms of the Undertaking filed, the Respondent/landlord will be at liberty to 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 24/01/2025 at 15:32:18 take recourse to appropriate proceedings for recovery of possession from the Petitioners/tenants, in accordance with law. The Respondent/landlord will also be at liberty to file appropriate proceedings for recovery of rental/user and occupation charges, in accordance with law. 9. The Revision Petition and the pending application(s) are disposed of in the aforegoing terms. 10. List the matter for compliance on 13.02.2025 in the Supplementary List. 11. The parties shall act based on the digitally signed copy of the order. TARA VITASTA GANJU, J JANUARY 15, 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 24/01/2025 at 15:32:18