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2026 DAILYLAW 18660 (DEL)

KAJAL MAKHIJA v. DALJEET KAUR

RFA/1036/2026 · 2026-09-18

Neena Bansal Krishna

body2026

Judgment text

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$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010446182026 + RFA 1036/2026, CM APPL. 64205/2026, CM APPL. 64206/2026, CM APPL. 64208/2026 KAJAL MAKHIJA .....Appellant Through: Mr. Shakir Shabir, Mr. Sazid SR Shah, Advocates. versus DALJEET KAUR .....Respondent Through: Counsel for Respondent (appearance not given) CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 18.09.2026 CM APPL. 64207/2026 (Exemption) 1. Exemption allowed, subject to all just exceptions. 2. The Application stands disposed of. RFA 1036/2026 3. Regular First Appeal under Section 96 read with Order XLI Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’) has been filed on behalf of the Appellant against the Judgment and decree dated 22.01.2026 whereby the Suit for Possession of the Plaintiff/Respondent, has been decreed under Order 12 Rule 6 CPC. 4. Learned counsel for the Appellant, on instructions, submits that the Appellant be given time till 31.12.2026 on which date, she shall hand over 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 22/09/2026 at 11:04:01 the vacant possession to the Respondent. The Appellant also undertakes to pay the rent @Rs.34,000/-, for the months of October, November and December; that 50% of the advance rent of three months, shall be paid in 15 days and the balance in the next 15 days i.e. the entire rent for the next three months, shall be paid by 31.10.2026. 5. Learned counsel for the Respondent, on instructions, states that he has no objection if the Appeal is disposed of, in the aforesaid terms. Submissions heard and the record perused. 6. In view of the submissions and the compromise inter se the parties, the Appeal is disposed of, in the following terms: i. that the Appellant shall hand over the peaceful, vacant possession on or before 31.12.2026; ii. that the rent for the three months i.e. from October to December, 2026 @Rs.34,000/-, shall be paid in advance in the month of October, 2026 in two instalments of 15 days; iii. that the aforesaid Settlement is without prejudice to the claim pending before the learned District Judge in respect of Mesne Profits, arrears of rent; iv. that as admitted by the parties, there are some factual discrepancies in Paragraph 11 of the Impugned Judgment dated 22.01.2026 in regard to the arrears of rent, which shall not be held as a decision of the Court and the parties are at liberty to agitate the arrears in the proceedings pending before the learned Trial Court. 7. It is further directed that the Appellant in case of vacating the premises, shall furnish her fresh address on record and shall also indicate the organisation and the status where she is employed. 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 22/09/2026 at 11:04:01 8. Both the parties shall furnish their undertaking in the Court, within five working days. 9. The Appeal is disposed of accordingly with the direction that the parties shall remain bound by the terms of the Settlement. The pending Applications are also disposed of. NEENA BANSAL KRISHNA, J SEPTEMBER 18, 2026/RS 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 22/09/2026 at 11:04:01