Mr Rajiv Sarin v. Ms Fozia Rahman

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 973/2025 & CM APPL. 32195/2025 MR RAJIV SARIN .....Petitioner Through:

Mr. A.N. Haksar, Senior Advocate with Mr. Udayan Jain, Ms. Geetika Vyas, Mr. Ranjan Mishra and Mr.

Harsh Jaiswal, Advocates versus MS FOZIA RAHMAN .....Respondent Through:

Mr. Sarfaraz Khan, Mr. Mirza Amir Baig and Mr.

A.W.

Mashal, Advocates Respondent-in-person (Through VC)

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 23.05.2025 CM APPL. 32195/2025 (exemption) Exemption allowed, subject to all just exceptions. CM(M) 973/2025 1.

Petitioner is plaintiff before the learned Trial Court and is aggrieved by order dated 17.05.2025 whereby the learned Trial Court has not referred the matter for mediation.

2.

Learned counsel for respondent has appeared on advance notice. 3.

Respondent has also joined the proceedings through videoconferencing.

4.

During course of the arguments, learned Senior Counsel for petitioner, on instructions, submits that in order to finish of the entire matter, he would CM(M) 973/2025 1 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 01/07/2025 at 00:49:19

merely seek the keys of the suit property towards handing over of vacant and peaceful possession on or before 31.05.2025 and with respect to pending arrears of rent and maintenance charges, he would not seek anything further and would adjust the aforesaid amount from the security of Rs. 80,000/- which is already lying with the petitioner/plaintiff. 5.

All in all, petitioner, now, does not seek any further arrears of rent or damages from the defendant and as per the settlement, he does not wish to refund the security amount which is going to be adjusted with respect to such arrears of rent and maintenance charges, which is, otherwise, more than the security amount.

6.

Respondent/defendant, who has joined the proceedings through videoconferencing, has no objection to the aforesaid proposal and submits that she would hand over the keys of the suit property before the learned Trial Court on 31.05.2025.

7.

Present petition stands disposed of in the aforesaid terms. 8.

Parties are directed to appear before the learned Trial Court on 31.05.2025. On that day, once the keys of the suit property is handed over to the plaintiff, plaintiff, as undertaken today, would withdraw his suit and would also be at liberty to adjust the security amount, as stated above. MANOJ JAIN, J MAY 23, 2025/dr/shs CM(M) 973/2025 2 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 01/07/2025 at 00:49:19