Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 19029 (DEL)

NITU MITTAL v. ABHA SINHA

RFA/1034/2026 · 2026-09-18

Neena Bansal Krishna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010445622026 + RFA 1034/2026, CM APPL. 64149/2026 NITU MITTAL .....Appellant Through: Mr. Vikas Nagpal, Mr. Vivek Kumar Pal, Mr. Parikshit Bhardwaj, Ms. Akanksha Bansal, Mr. Amaan Siddique, Ms. Niharika Dhonchak, Mr. Mohd Suhail, Mr. Navneet Yadav, Ms. Aprajita Priyadarshini, Advocates versus ABHA SINHA .....Respondent Through: Mr. Harshit Jain, Ms. Devangi Gupta, Mr. Arjun Drall, Mr. Utsav, Advocates CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 18.09.2026 CM APPL. 64150/2026 1. Allowed, subject to all just exceptions. 2. The Application stands disposed of. RFA 1034/2026, CM APPL. 64149/2026 3. Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908 (CPC) has been filed on behalf of the Appellant against the judgment and decree dated 12.08.2026 whereby the Suit of the Plaintiff for possession against the Appellant/tenant, has been decreed under Order XII Rule 6 CPC. 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 21/09/2026 at 11:11:39 4. After some negotiations, both the parties have agreed to settle the matter. 5. The SPA holder of the Appellant submits that he is authorised to make a statement that the property shall be vacated within 04 months, i.e., till 31.01.2027. It is further undertaken that the rent for September 2026, already stands paid and that the rent for the months of October to January, shall be paid in advance within one week. 6. The Appellant also undertakes to pay the utility, electricity, water charges and maintenance charges for the next 04 months till he vacates the property. 7. Learned Counsel for the Respondent, on instructions, states that the present Appeal be disposed of in the aforesaid terms and the Respondent has no objection in granting 04 months’ time to the Appellant for vacating the property. 8. It is further submitted that the Suit for Mesne Profits and the Counterclaim of the Appellant is pending. This settlement is without prejudice to their rights in respect of the litigation still pending before the learned District Judge. 9. In view of the submissions made, the present Appeal is disposed of with the directions to the Appellant to hand over the peaceful vacant possession by 31.01.2027 and he shall not seek any further extension. The Appellant shall also deposit or pay the rent for the months of October 2026 till January 2027 @ Rs.90,000/- per month, within one week. 10. This Settlement is without prejudice to the litigation in respect of Mesne Profits, arrears of rent and the Counterclaim of the Appellant, which is still pending trial. 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 21/09/2026 at 11:11:39 11. An Affidavit/undertaking in this regard shall be filed by both the parties within 07 days in the Court. 12. The Appeal along with pending Applications, is disposed of accordingly. NEENA BANSAL KRISHNA, J SEPTEMBER 18, 2026 N 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 21/09/2026 at 11:11:39