Mohini v. Sanjay Aggarwal & ANR.

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 960/2025, CM APPL. 65117/2025 MOHINI .....Appellant Through:

Mr. Awadhesh Kumar, Advocate.

versus SANJAY AGGARWAL & ANR.

.....Respondents Through:

Counsel (appearance not given).

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 20.11.2025 Further to what was recorded in order dated 15.10.2025, Mr. Awadhesh Kumar, learned counsel for the appellant submits, that as was submitted on the last date of hearing, the appellant would be willing to vacate the suit property if she is granted 03 months time to do so.

2.

Furthermore, Mr. Kumar submits, that the appellant is also willing to clear all arrears of rent, electricity and water charges, if any, and to continue to pay the use and occupation charges for the future period, till vacant, peaceful and physical possession of the suit property is surrendered to the respondents.

3.

Learned counsel has entered appearance on behalf of the respondents; and submits that the proposal made is acceptable to the respondents. 4.

In view of the above, the present appeal is disposed-of with the following directions :

4.1. The appellant is granted 03 months' time from 01.12.2025 to vacate and hand-over vacant, peaceful, physical possession of the suit property to respondent No.2 by or before 28.02.2026; The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.2. The appellant shall also clear all dues towards arrears of rent, electricity and water charges, if any, against the suit property. In this behalf, the respondents shall furnish to the appellant a computation of the arrears of rent, along with the bills for electricity and water charges that are due against the suit property; and the appellant shall show the receipts/acknowledgments towards payments that may have been made by them against such bills to respondent No.2, in order to settle accounts in that behalf. Based on the aforesaid, the arrears, if any, shall be cleared by the appellant within 04 weeks from today;

4.3. At the time of vacating the suit property, the appellant shall ensure that all members of her family and staff have also vacated the suit property;

4.4. The appellant shall ensure that at the time when the suit property is vacated and physical possession is handed-over to respondent No.2, the property is in a habitable state, without any structural damage;

4.5. The appellant shall file an affidavit of undertaking before this court in terms of the above directions, within 03 weeks. 5.

In view of the above undertaking, no action will be taken in the execution proceedings that are stated to be pending to oust the appellant from possession of the suit property till 28th February 2026; whereafter, the learned executing court shall be at liberty to execute the decree, in accordance with law.

6.

The appeal is disposed-of in the above terms. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Pending applications, if any, also stand disposed-of. 8.

Needless to add that the disposal of the present appeal will not affect the suit pending before the learned trial court as regards the relief of mesne-profits/damages, which will be decided in accordance with law. ANUP JAIRAM BHAMBHANI, J NOVEMBER 20, 2025 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.