Santosh Kumar Singh v. Deepak Gupta & ANR

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 129/2018 SANTOSH KUMAR SINGH ..... Appellant Through:

Mr. Rao Ranjeet Singh and Mr.

Tapeshwar Vats, Advs.

Versus

DEEPAK GUPTA & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 11.09.2018 CM No.36934/2018 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

RSA 129/2018 & CMs No.36933/2018 (for stay) & 36935/2018 (for condonation of 15 days delay in re-filing the appeal) 3.

This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 15th January, 2018 in RCA No.61934/2016 of the Court of Additional District Judge-14 (Central)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 5th September, 2016 in CS No.27/2012 (593944/2016) of the Court of Civil Judge-03 (Central)] allowing the suit filed by the respondent/plaintiff against the appellant/defendant for recovery of Rs.6,500/- as arrears of rent upto RSA 129/2018

January, 2012 along with interest @ 6% per annum till the date of filing of the suit i.e. total Rs.8,150/-.

4.

The appeal is accompanied with an application for condonation of 15 days delay in re-filing thereof.

5.

Upon attention of the counsel for the appellant being drawn to Section 102 of the CPC which bars a Second Appeal when the subject matter of the original suit is for recovery of money not exceeding Rs.25,000/-, the counsel for the appellant withdraws the appeal with liberty to take appropriate remedies.

6.

Dismissed as withdrawn with liberty in accordance with law. RAJIV SAHAI ENDLAW, J.

SEPTEMBER 11, 2018 bs..

RSA 129/2018