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High Court of DelhiRC.REV./186/2023

Rajender Kumar v. Ashok Kumar

2024-02-28Hon'Ble Mr. Justice Girish Kathpalia2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 186/2023 RAJENDER KUMAR ..... Petitioner Through:

Mr Parimal Kumar, Adv.

versus ASHOK KUMAR ..... Respondent Through:

Mr Abhishek Kumar and Mr. Sumit Kashyap, Advs.

CORAM:

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 28.02.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 35039/2023 (stay) 1.

I have partly heard learned counsel for both sides. The impugned eviction order was passed as the present petitioner did not even file leave to contest application. It is contended on behalf of petitioner that the summons in the prescribed format were not properly served on him insofar as the same were served through his sister-in-law. According to both sides, the present petitioner and his sister-in-law are joint tenants. 2.

After part submissions learned counsel for petitioner seeks a pass over to obtain instructions of his client.

3.

As requested be awaited.

GIRISH KATHPALIA, J FEBRUARY 28, 2024/ry 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 03/07/2025 at 04:56:26

4.

In this post-lunch session learned counsel for petitioner has returned with instructions of his client to seek two months from today to vacate the subject premises. The request is acceptable to learned counsel for respondent.

5.

Under these circumstances, as requested by learned counsel for petitioner, this petition is dismissed as withdrawn with the direction that the present petitioner shall not be evicted from the subject premises on or before 01.05.2024 but in case the petitioner does not vacate by 01.05.2024, the warrants of possession shall be executed.

6.

For compliance dasti copy of this order be given to both sides. GIRISH KATHPALIA, J FEBRUARY 28, 2024/rk Click here to check corrigendum, if any 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 03/07/2025 at 04:56:26