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High Court of DelhiRC.REV./2/2018

Shivender Singh Brar &ANR v. Tej Pratap Singh & ANR

2018-01-15Hon'Ble Mr. Justice R.K.Gauba2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RC.REV. 2/2018 SHIVENDER SINGH BRAR &ANR ..... Petitioners Through:

Mr. J.P. Sengh, Senior Advocate with Mr. Siddharth Aggarwal, Mr. Amit Prasad & Mr. Tanuj Khurana, Ms. Sana Ansari, Ms. Manish Mehta, Ms. Mrigna Shekhar & Ms. Vaishati Tanwar, Advocates versus TEJ PRATAP SINGH & ANR ..... Respondents Through:

Mr. Harish Malhotra, Senior Advocate with Mr. Vikas Pahwa, Senior Advocate with Mr. N.N. Sarvaria, Mr. Napul Pathania, Mr. Pragaibh Bhardwaj, & Mr. Shadman Siddiqui, Advocates

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 15.01.2018 Caveat 4/2018 Since respondents/caveat petitioners have appeared through counsel, the caveat petition is discharged.

RC.REV. 2/2018 and CM APPL.259-261/2018 After some hearing the learned senior counsel for the respondents, on instructions, submitted that they fairly concede to the grant of leave to defend to the petitioners and, therefore, also concede to the impugned order of eviction to be set aside, though requesting that given the advanced age of the first respondent (94 years old), the rent controller may be called upon to proceed with the case and take it to the logical conclusion expeditiously. RC.REV. 2/2018

The learned senior counsel for the petitioners agrees to such a request to be made to the rent controller, assuring that the petitioners will fully cooperate in expeditious proceedings before the trial Court. Both sides undertake that they would not seek any unnecessary adjournments. Binding the parties with the undertakings given on their behalf by their respective counsel, the petition is allowed. The impugned order is set aside. The application of the petitioners for leave to defend stands allowed. The written statement shall be filed within four weeks. The case shall thereafter proceed in accordance with law. The rent controller, this Court hopes and trusts, will bear in mind the advanced age of the first respondent and proceed with the case expeditiously.

The parties shall appear before the rent controller on 22nd January, 2018.

The petition along with accompanying applications stand disposed of in above terms.

Dasti under the signature of Court Master.

R.K.GAUBA, J.

JANUARY 15, 2018 vk RC.REV. 2/2018