Hanuman Prasad Sharma v. Ram Kumar Gupta

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 996/2017 and C.M. Nos.42979/2017 (stay) & 42980/2017 (exemption) HANUMAN PRASAD SHARMA ..... Appellant Through:

Mr. Atul Rathi, Advocate.

versus RAM KUMAR GUPTA ..... Respondent Through:

Mr. Vikas Gupta, Advocate.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 21.02.2018 1.

After arguments, this appeal is disposed of with the consent order that the impugned judgment and decree will stand but appellant is granted time to vacate the suit premises till 30.6.2019. It is also agreed that rate of mesne profits granted by the trial court is modified for the pendente lite and future period to be at Rs.2,500/- per month i.e even for the mesne profits after the decree the same will be at Rs.2,500/- per month and not Rs.3,000/- per month.

Appellant is granted time of six months to pay the decreetal amount and towards part payment of which counsel for the appellant has handed over to the counsel for the respondent a cheque of Rs.26,500/- drawn on Andhra Bank, Kamla Nagar Branch, bearing

no.095371 dated 21.2.2018.

Balance due be cleared within six months from today.

2.

Let the appellant file an affidavit of undertaking in this Court within two weeks and on the appellant filing the undertaking and complying with the terms of the same, appellant will not be evicted from the suit premises till 30.6.2019.

3.

Appeal is accordingly disposed of in terms of aforesaid consent order.

VALMIKI J. MEHTA, J FEBRUARY 21, 2018 Ne