Mani Ram Anil Kumar v. Asha Rajpal

4 The petitioners have challenged two impugned orders dated 23rd May, 2011 by way of filing the abovementioned two petitions under Section 25-B(8) of the Delhi Rent Control Act, 1958 whereby the applications for leave to defend filed by the petitioners were dismissed. After hearing, both these petitions are disposed of with the consent of the parties. As far as the petition being RC. Rev. No.340/2011 is concerned, 2013:DHC:8446 the petitioner is agreeable to handover the peaceful and vacant possession of the property in question, i.e. shop bearing private No.3, situated on the ground floor of property bearing No.26B/6, D.B.Gupta Road, Karol Bagh, New Delhi, shown in red colour in the site plan Ex.C[1], to the respondents within four weeks from today. Let an undertaking by way of affidavit to this effect be filed by the petitioner within one week. List the said petition on 101h December, 2013 for directions. With regard to the other petition being RC. Rev. No.343/2011, the respondent No.1 (petitioner in the eviction petition) is agreeable if the application for leave to defend filed by the petitioner in the learned trial Court is allowed and the impugned order dated 23 d May, 2011 is set aside. Ordered accordingly. The said application is allowed with the consent of the parties. The petitioner is granted four weeks time to file the written statement, with an advance copy thereof to the learned counsel for respondent No.1 who may file the replication thereto within four weeks thereafter. List the main eviction petition bearing No.E-2 13/10 before the concerned Addl. Rent Controller on 21st January, 2013. As agreed, the said proceedings are expedited. The petitions are accordingly disposed of as also the pending applications. The interim orders granted on rnth January, 2012 stand vacated.

MANMOHAN SIINGH, J. NOVEMBER 26, 2013