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r 1-23 HIGH COURT OF DELHI
RFA 437/2009 and C.M.No.16696/2009 (stay)
PA WAN PRAKASH GUPTA Appellant
Through: Mr.K.Sunil, Advocate with the appellant in person.
RFA 437/2009 and C.M.No.16696/2009 (stay)
PA WAN PRAKASH GUPTA Appellant
Through: Mr.K.Sunil, Advocate with the appellant in person.
VERSUS
SANTOSH JOSHI Respondent
Through: Mr.Rajesh Goyal, Advocate with the respondent in person.
Through: Mr.Rajesh Goyal, Advocate with the respondent in person.
CORAM:
HON'BLE MS. JUSTICE REVA KIIETRAPAL
22.01.2010 The learned counsel for the parties state on iflstructions from the parties, who are both present in Court today, that the parties have amicably entered into a settlement on the following terms:-
The appellant shall vacate the premises in question and hand over actual, physical vacant possession to the respondent on d or before 2 n March, 2010.
The appellant shall hand over the physical vacant possession of the premises to the respondent on March, 2010 before the learned Joint Registrar by handing over the keys of the premises to the respondent.
2010:DHC:11805 During this period, the appellant shall not create any third party interest in the premises in question by transferring, sub- letting, selling or alienating the premises or in any other manner whatsoever.
(iv) In case the appellant does not hand over the vacant physical possession of the premises to the respondent in the manner aforesaid on or before
2nd March, 2010, the respondent shall be at liberty to seek police assistance on 3 March, 2010 for forcible eviction of the appellant and to take over the physical vacant possession of the premises.
The respondent waives all rights to arrears of rent and d damages till 2 n March, 2010, subject to undertaking to be furnished by the appellant that he will vacate the premises on or before 2 nd
March, 2010.
The security deposit furnished by the respondent to the appellant at the inception of the tenancy shall be retained by the respondent and the appellant shall not claim the same.
The suit for possession and mesne profits pending before the learned trial court bearing Suit No.473/2008 titled
I Santosh Joshi Vs. Pawan Prakash Gupta shall be withdrawn by the respondent on vacation of the premises by the appellant on or before the aforesaid date and all claims and counter-claims shall stand disposed of. Electricity charges till
2Iid March, 2010 shall, however, be borne by the appellant.
In view of the aforesaid agreement arrived at between the parties, let the statements/undertakings of the appellant and the respondent be recorded.
The statements/undertakings of the appellant and the respondent have been recorded separately. In view of the aforesaid settlement arrived at between the parties and the undertakings given by the parties, nothing further remains to be considered in this appeal and the same is disposed of as settled, taking on record the undertakings of the parties recorded today in Court.
RFA 437/2009 and C.M.No.16696/2009 are disposed of accordingly.
List before the Joint Registrar on 2h1( March, 2010 for handing over of the keys of the premises by the appellant to the respondent. The parties shall remain present on the said date before the Joint Registrar for the aforesaid purpose.
A copy of this order be given dasti to the counsel for both the parties, as
. prayed.
4,- ~~-rj- REVA KHETRAPAL,J JANUARY 22, 2010 dc
22.01.2010 The learned counsel for the parties state on iflstructions from the parties, who are both present in Court today, that the parties have amicably entered into a settlement on the following terms:-
The appellant shall vacate the premises in question and hand over actual, physical vacant possession to the respondent on d or before 2 n March, 2010.
The appellant shall hand over the physical vacant possession of the premises to the respondent on March, 2010 before the learned Joint Registrar by handing over the keys of the premises to the respondent.
2010:DHC:11805 During this period, the appellant shall not create any third party interest in the premises in question by transferring, sub- letting, selling or alienating the premises or in any other manner whatsoever.
(iv) In case the appellant does not hand over the vacant physical possession of the premises to the respondent in the manner aforesaid on or before
2nd March, 2010, the respondent shall be at liberty to seek police assistance on 3 March, 2010 for forcible eviction of the appellant and to take over the physical vacant possession of the premises.
The respondent waives all rights to arrears of rent and d damages till 2 n March, 2010, subject to undertaking to be furnished by the appellant that he will vacate the premises on or before 2 nd
March, 2010.
The security deposit furnished by the respondent to the appellant at the inception of the tenancy shall be retained by the respondent and the appellant shall not claim the same.
The suit for possession and mesne profits pending before the learned trial court bearing Suit No.473/2008 titled
I Santosh Joshi Vs. Pawan Prakash Gupta shall be withdrawn by the respondent on vacation of the premises by the appellant on or before the aforesaid date and all claims and counter-claims shall stand disposed of. Electricity charges till
2Iid March, 2010 shall, however, be borne by the appellant.
In view of the aforesaid agreement arrived at between the parties, let the statements/undertakings of the appellant and the respondent be recorded.
The statements/undertakings of the appellant and the respondent have been recorded separately. In view of the aforesaid settlement arrived at between the parties and the undertakings given by the parties, nothing further remains to be considered in this appeal and the same is disposed of as settled, taking on record the undertakings of the parties recorded today in Court.
RFA 437/2009 and C.M.No.16696/2009 are disposed of accordingly.
List before the Joint Registrar on 2h1( March, 2010 for handing over of the keys of the premises by the appellant to the respondent. The parties shall remain present on the said date before the Joint Registrar for the aforesaid purpose.
A copy of this order be given dasti to the counsel for both the parties, as
. prayed.
4,- ~~-rj- REVA KHETRAPAL,J JANUARY 22, 2010 dc
JUDGMENT