Shanti Mahato v. Gulshan Verma & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA(COMM) 197/2023 & C.M.Nos.46421/2023, 46423/2023 SHANTI MAHATO .....APPELLANT Through:

Mr.K.K.Jha, Advocate.

versus GULSHAN VERMA & ANR.

.....RESPONDENTS Through:

Mr.Sameer Dewan with Mr.Sachin Sharma and Mr.Sachin Chaudhary, Advocates for R-1.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 05.11.2024 1.

On 07th October, 2024, this Court had passed the following order:- "1. Learned counsel for the respondent states that the decretal amount has not been deposited by the appellant.

2. It is made clear to the appellant that in case the decretal amount is not deposited by the appellant within three weeks, the present appeal shall stand dismissed.

3. In the interest of justice, list on 05th November, 2024." 2.

Learned counsel for the respondent no.1states that the decretal amount has not been deposited by the appellant till date. It is pertinent to mention that while declining the relief for specific performance, the Trial Court had directed the appellant-defendant to refund the amount that she had received as advance consideration under the agreement to sell. 3.

Even notice has not been served upon respondent no.2 till date. 4.

Accordingly, the present appeal along with the applications is dismissed in default and on account of non-prosecution. MANMOHAN, CJ TUSHAR RAO GEDELA, J NOVEMBER 5, 2024/KA 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 06:31:35