Karan Madhok And ANR v. Rakesh Yadav

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 240/2024 KARAN MADHOK AND ANR .....Petitioners Through: Mr.Jai Sahai Endlaw and Mr.Zubin John, Advocates with petitioner No.1 in person versus RAKESH YADAV .....Respondent Through: Mr.Sandeep Khatri, Advocate

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 26.03.2025 CM APPL. 17587/2025 (for direction by the petitioners) 1.

Mr. Jai Sahai Endlaw, learned counsel for the petitioners, on instructions from petitioner No.1, who is present in Court, submits that the petitioners undertake to vacate the tenanted premises within three weeks from today and further undertakes to handover the physical and vacant possession to the respondent. He further submits that the electricity and water charges including the arrears, if any, will also be cleared. He has also handed over the self-attested gate pass of petitioner No.1, which is taken on record. He further submits that an undertaking in the form of an affidavit would be filed within one week from today with an advance copy of the same to the other side, subject to respondent not insisting upon the payment of the use and occupation charges as directed vide judgment dated 12.12.2024. It is further submitted that the statements made today are with 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 02/04/2025 at 12:19:16

the consent and knowledge of petitioner No.2. 2.

Learned counsel for the respondent, on instructions, submits that, subject to the petitioner vacating the premises and handing over the vacant and physical possession within the aforesaid period of three weeks from today, the respondent is willing to let go of the use and occupation charges. 3.

In view of the above, the present application is disposed of. Let a fresh undertaking by way of an affidavit be filed by the petitioner within a period of one week, undertaking that:

(i) The petitioners shall hand over the vacant, physical and peaceful possession of the subject property within 3 weeks from today. (ii) The petitioners shall state that the entire subject property is under his occupation and control and shall not create any third-party rights or part with possession of the subject property prior to handing over its possession. (iii) The petitioner shall clear water and electricity charges as well as arrears, if any, before handing over of the vacant, physical and peaceful possession;

(iv) The petitioner shall remain bound by the undertaking. RC.REV. 240/2024 1.

In view of the order passed in CM APPL. 17587/2025, no further orders are required to be passed. Accordingly, the present petition is disposed of.

2.

The date already fixed i.e., 19.05.2025 stands cancelled. MANOJ KUMAR OHRI, J MARCH 26, 2025 na 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 02/04/2025 at 12:19:16