Shikha Sen & ORS v. Manmohan Dutta & ORS

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 572/2018 & CM 30610/2018 SHIKHA SEN & ORS ..... Petitioners Through:

Mr. Abhishek Sharma and versus MANMOHAN DUTTA & ORS .....Respondents Through:

Mr. Anunaya Mehta, Advocate for respondent No.1

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 12.11.2018 Vide order of 8th May, 2018, first respondent was directed to hand over the possession of the subject premises to petitioners and decree for permanent injunction and declaration was upheld. So far as execution of decree is concerned, petitioners have to file an execution petition. Regarding handing over possession of the subject premises, an undertaking by way of an affidavit be filed by respondent within a week from today.

Learned counsel for first respondent submits that after removing the belongings from the subject property, its actual vacant physical possession would be handed over to petitioners within two weeks and the keys of the subject premises would be handed over to petitioners within the aforesaid timeline.

Let an undertaking by way of affidavit in the aforesaid terms be filed by first respondent within a week from today. CONT.CAS(C) 572/2018

In view of aforesaid, this petition is disposed of with liberty to petitioners to get this petition revived in case compliance of this order is not made by first respondent within the aforesaid timeline. Liberty is also granted to petitioners to seek execution of the decree obtained by them. This petition and the application stand accordingly disposed of in aforesaid terms.

(SUNIL GAUR) JUDGE NOVEMBER 12, 2018 s CONT.CAS(C) 572/2018