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* IN THE HIGH COURT
RC.REV. 132/2OLO
LEELA RANI & ORS
OF DELHI AT NEW DEI,III
Through: ..... Petitioners
Mr. Arun Kumar GuPta, Advocate.
RC.REV. 132/2OLO
LEELA RANI & ORS
OF DELHI AT NEW DEI,III
Through: ..... Petitioners
Mr. Arun Kumar GuPta, Advocate.
VERSUS
JAGJIT SINGH SAWHNEY & ORS ""' Respondents
Through: Mr' V.K. Verma & Mr. Markandey Gupta, Advocates.
Through: Mr' V.K. Verma & Mr. Markandey Gupta, Advocates.
CORAM:
HON'BLE MR. JUSTICE P.K. BHASIN
"/, 21.09.2011
Today it has been submitted by learned counsel from both the sides that this petitiol can be disposed of by a consent order to the effect that the impugned order of eviction, which was passed by the learned Additional Rent Controller against the petitioners herein because of their failure to move an application for leave to defend within a prescribed period of 15 days from the date of receipt of summons by them, which date of receipt of summons was considered to be 8tl' September,2009, is set aside without going into the controversy between the parties whether there was, in fact, a personal and proper service upon the petitioners-tenants or not and further that the petitioners can now be permitted to move an application for leave to defend before the trial Court within 15 days from tomorrow. It is also stated that the trial Court may also be directed to dispose of that application within a fixed period. Learned counsel for the parties assure that they would fully cooperate for the disposal of the matter within the period to be fixed by this Courl.
In view of the aforesaid consensus having been arrived at between the parties this revision petition is allowed and the impugned eviction order is set aside. The petitioners shall now move leave to defend application within 15 days from tomorrow before the trial Court. The rnatter shall now be taken.up for fuither proceedings on 10tr'October, 2011 by the trial Court. Cognsel for the petitioners has submitted that they would supply r
RC.REV. 132/2010 page 1 of2
2011:DHC:16163 p an advancs copy ot their leave to defend application to the respondents so that if they want to reply thereto, they can also do that on 10tl' October, 2011. The learned trial Court is directed to dispose of the petitioners' application for leave to defend within a period of two months from 10tl' October, 20Il -
A copy of this order be given dasti to coursel for both the parties, as requested. a SEPTEMBER 21,2011
?
RC.REV. 132/2010
2011:DHC:16163
"/, 21.09.2011
Today it has been submitted by learned counsel from both the sides that this petitiol can be disposed of by a consent order to the effect that the impugned order of eviction, which was passed by the learned Additional Rent Controller against the petitioners herein because of their failure to move an application for leave to defend within a prescribed period of 15 days from the date of receipt of summons by them, which date of receipt of summons was considered to be 8tl' September,2009, is set aside without going into the controversy between the parties whether there was, in fact, a personal and proper service upon the petitioners-tenants or not and further that the petitioners can now be permitted to move an application for leave to defend before the trial Court within 15 days from tomorrow. It is also stated that the trial Court may also be directed to dispose of that application within a fixed period. Learned counsel for the parties assure that they would fully cooperate for the disposal of the matter within the period to be fixed by this Courl.
In view of the aforesaid consensus having been arrived at between the parties this revision petition is allowed and the impugned eviction order is set aside. The petitioners shall now move leave to defend application within 15 days from tomorrow before the trial Court. The rnatter shall now be taken.up for fuither proceedings on 10tr'October, 2011 by the trial Court. Cognsel for the petitioners has submitted that they would supply r
RC.REV. 132/2010 page 1 of2
2011:DHC:16163 p an advancs copy ot their leave to defend application to the respondents so that if they want to reply thereto, they can also do that on 10tl' October, 2011. The learned trial Court is directed to dispose of the petitioners' application for leave to defend within a period of two months from 10tl' October, 20Il -
A copy of this order be given dasti to coursel for both the parties, as requested. a SEPTEMBER 21,2011
?
RC.REV. 132/2010
2011:DHC:16163
JUDGMENT