Shashi v. Lokesh Paliwal & ORS

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHASHI ..... Petitioner Through:

Ms.Sonali Malhotra & Mr.Amit Sanduja, Advs. with petitioner-inperson versus LOKESH PALIWAL & ORS ..... Respondents Through:

Mr.Rajiv Bansal, Sr.Adv. with Mr.Munish Gupta, Adv. with respondent No.3 in person.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 29.05.2017 CM No.20801/2017 (stay) 1.

This application has been filed by the petitioner praying for stay of operation of the impugned order dated 23rd August, 2016, passed by learned ARC.

2.

Learned counsel for the petitioner submits that matter may be passed over as petitioner/tenant intends to settle the dispute with respondents/landlords.

3.

As requested by the learned counsel for the petitioner, the matter is passed over.

PRATIBHA RANI, J.

MAY 29, 2017/'hkaur'

1.00 PM Present :

As above.

1.

Learned counsel for the petitioner submits that the parties have settled

the dispute amicably and petitioner undertakes to vacate the suit premises on or before 15th January, 2018, which is also accepted to the respondents/landlords.

2.

Learned counsel for the parties submit that since the parties have settled their issue, the revision may be taken up today and disposed of in terms of the settlement.

3.

Learned counsel for the petitioner submits that in view of the settlement arrived at between the parties, she does not press the above captioned application.

4.

Accordingly, the application is dismissed as not pressed. 1.

At the request of learned counsel for the parties, the revision petition is taken up today.

2.

Learned counsel for the petitioner submit that the parties have entered into settlement as per which the petitioner/tenant has agreed to vacate and handover the actual physical possession of the suit property comprising of two rooms, out of which one is tin shed room, store, kitchen, WC and open terrace on the second floor and common user rights in the stair case leading to the second floor in the property bearing No.515, Mukim Pura, Delhi110007 to the respondents/landlord on or before 15th January, 2018. 3.

The petitioner/tenant also undertakes to clear the outstanding arrears of rent from 30th June, 2014 to 30th May, 2017 @`40/- per month and will continue paying the monthly rent @ `40/- per month from 1st June, 2017 to 15th January, 2018 to the respondents. The petitioner has also filed an undertaking to the above effect.

4.

Respondent No.3 is present in person alongwith the counsel. Learned

counsel for the respondents, on instructions from the respondents, submits that since the petitioner has agreed to vacate the suit premises on or before 15th January, 2018 and has also filed an undertaking to the above effect, the respondents also agreed for granting the time to the petitioner for vacating the suit property by 15th January, 2018.

5.

Learned counsel for the parties submit that in view of the settlement entered into between the parties whereby the petitioner has agreed to vacate the suit property by 15th January, 2018 and also to clear the arrears of rent, this revision petition may be disposed of in terms of the settlement between the parties.

6.

Accordingly, the revision petition is disposed of in terms of the settlement arrived at between the parties and undertaking furnished by the petitioner.

7.

The parties shall be bound by the terms and conditions of the settlement and undertaking furnished by the petitioner today in the Court. 8.

If the petitioner fails to comply with the undertaking furnished before the Court today, the respondents shall be at liberty to execute the decree forthwith.

9.

Date 21st August, 2017 already fixed in the matter stands cancelled. 10.

A copy of this order be sent to the concerned Court for information and be also given dasti to learned counsel for the parties, as prayed. PRATIBHA RANI, J.

MAY 29, 2017 'hkaur'