Mohan Lohia v. Chameli Devi

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 839/2019, CM APPL.Nos.41964-41967/2019, 41971/2019 MOHAN LOHIA ..... Appellant Through:

Mr.Hemant Gupta, Advocate with appellant in person.

versus CHAMELI DEVI ..... Respondent Through:

Mr.Anil Goel, Advocate.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 03.02.2020 This appeal is against the judgment dated 30.01.2019 wherein the suit for ejectment, recovery of damages, possession, occupation charges, mandatory injunction etc. filed by the respondent was decreed. It is submitted by the learned counsel for the appellant he has settled the matter with the new purchaser of the subject property and as such is inclined to withdraw the appeal and hence the amount so deposited with this Court vide order dated 20.09.2019, its release be made subject to orders of the Executing Court where the execution is filed. The learned counsel for the respondent though argues the said amount belong to the respondent-landlady and hence be refunded to her but in view of the objections allegedly filed before the learned executing Court it would be appropriate if the release of the amount lying with the Registrar General of this Court in this appeal be made subject to the orders of the learned executing Court.

The appeal stands dismissed as withdrawn. Pending application(s) also stands disposed of.

No order as to costs.

YOGESH KHANNA, J.

FEBRUARY 03, 2020 DU