Nirmal Singh v. Krishan Kumar Khanna & ORS

$~21 and 25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 591/2018 NIRMAL SINGH ..... Appellant Through:

Mr. Ravi Gupta, Senior Advocate with Mr. Milind Jain, Advocate and Mr. Sachin Jain, Advocate alongwith wife of appellant in person..

versus KRISHAN KUMAR KHANNA & ORS ..... Respondents Through:

Ms. Prerna Chaturvedi, Advocate.

+ RFA 595/2018 NIRMAL SINGH ..... Appellant Through:

Mr. Ravi Gupta, Senior Advocate with Mr. Milind Jain, Advocate and Mr. Sachin Jain, Advocate alongwith wife of appellant in person.

versus KRISHAN KUMAR KHANNA & ORS ..... Respondents Through:

Ms. Prerna Chaturvedi, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 27.07.2018 Caveat No.673/2018 in RFA No.595/2018 1.

Counsel appears for the caveators. Caveat accordingly stands

discharged.

+RFA No.591/2018 and C.M. No.29609/2018 (exemption) +RFA No.595/2018 and C.M.

Nos.29648/2018(stay) & 29649/2018(exemption) 2.

Learned senior counsel for the appellant, on instructions from his Advocate on record as also Smt. Inderjeet Kaur, wife of the appellant, and who is present in Court in person as the appellant is unwell, states that appeals be disposed of as not pressed but the appellant be granted time to vacate the suit premises on or before 31.12.2019. Appellant will however continue to pay all the admitted charges payable subject to final determination on the aspect of mesne profits by the trial court, and with respect to which this Court does not observe anything on merits for or against any of the parties.

3.

Subject to the appellant filing the affidavit of undertaking in terms of the present order within two weeks and in which undertaking appellant must also undertake to clear all charges as payable towards electricity, water etc of the suit premises till the appellant stays in the suit premises and on the appellant complying with the terms of undertaking, while disposing of the appeals as not pressed, the appellant is granted time to vacate the suit premises on or before 31.12.2019.

4.

Appeals are accordingly disposed of in terms of the aforesaid order.

VALMIKI J. MEHTA, J JULY 27, 2018 Ne