Santosh Sakaria v. Charanjeet Kaur Bajaj & ORS.
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 868/2024 SANTOSH SAKARIA .....Appellant Through:
Ms. Sumitra Choudhary, Advocate versus CHARANJEET KAUR BAJAJ & ORS.
.....Respondents Through:
None
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R
% 10.12.2024 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 72344/2024 (exemption) 1.
Allowed, subject to all just exceptions.
RFA 868/2024 & CM APPL. 72343/2024 (stay) 2.
The appellant has assailed judgment and preliminary decree of recovery of possession of the tenanted property. The impugned judgment and preliminary decree was passed under Order XII Rule 6 CPC. At the outset, learned counsel for appellant in all fairness submits that the appellant may be protected from eviction for only three months since she has to relocate her child qua school education where the running session would end in mid March. Learned counsel for appellant also submits that she has instructions of her client to seek withdrawal of this appeal and the accompanying applications if the appellant is protected from eviction till 20.03.2025.
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 06:09:36
3.
Without entering into the merits of the case, the appeal and the accompanying applications are dismissed as withdrawn with the direction that till 20.03.2025, operation of the impugned judgment and decree shall remain stayed. However, it is made clear that if on or before 20.03.2025 the appellant does not vacate the subject property, the respondents shall be at liberty to get the impugned decree executed in accordance with law. 4.
A copy of this order be sent to the concerned Trial Court. GIRISH KATHPALIA, J DECEMBER 10, 2024/as Click here to check corrigendum, if any 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 06:09:36