Kanhiya Lal v. Bhagwat Dayal

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1006/2017 KANHIYA LAL GUPTA ..... Petitioner Through:

Mr. H.S. Gautam, Advocate versus BHAGWAT DAYAL ..... Respondent Through:

Mr. Rupesh Kumar, Advocate

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 17.11.2017 CM No.41642/2017 (of the respondent u/S 151 CPC) 1.

The counsel for the respondent states that para 20 of the order dated 13th September, 2017 otherwise dismissing the petition is being construed by the courts below as granting a stay of the order of eviction. 2.

The counsel for the petitioner appears on advance notice. 3.

It is clarified that para 20 of the order dated 13th September, 2017 as under:

"20. Needless to state that the eviction of the petitioner shall be subject to the final adjudication of the appeals listed next on 6th November, 2017."

means that there is no stay of the order of eviction but if the order of eviction is executed and the petitioner succeeds in the appeal, the said execution shall be liable for restitution.

CM(M) 1006/2017

4.

The application is disposed of.

5.

Order dasti.

RAJIV SAHAI ENDLAW, J NOVEMBER 17, 2017 pk CM(M) 1006/2017