Ved Prakash v. Shiv Singh & ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 715/2019 & CM APPL No.35308/2019 VED PRAKASH ..... Appellant Through : Mr.Vikas Aggarwal, Mr.Devesh Kumar Malan, Advocates.

versus SHIV SINGH & ANR ..... Respondents Through : Mr.Narinder Sharma, Mr.Trilok Chand, Advocates for R-1.

Mr.Deepak Pathak, Mr.Virender Nagar, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 17.09.2019 Vide order dated 06.08.2019 after detailed arguments the learned counsel for the appellant on instructions had submitted they would not press the appeal on merits but is only seeking six months time to vacate the premises. The respondents have no objection, as stated by the learned counsel for respondents, on instructions. The suit premises be vacated by the appellant within six months from today.

The arrears of mesne profits, as decreed, shall also be paid by the appellant within twelve weeks from today and he shall also pay monthly user charges on or before 7th day of each calendar month, till he vacates the premises within six months from today. The electricity and water charges shall be payable as per actuals. If the arrears of the mesne profits are not paid by the appellant within twelve weeks from

today the respondents shall entitled to execute the decree. Necessary undertaking be filed within a week from today. The appeal stands disposed of without prejudice to the rights, if any, of the appellant to contest his suit for specific performance. The pending application, if any, also stands disposed of. No order as to costs.

YOGESH KHANNA, J.

SEPTEMBER 17, 2019 DU