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RC.REV. 538/2019 1
HIGH COURT OF DELHI
RC.REV. 538/2019
V K KOHLI & ANR ..... Petitioners
Through Mr. Rajesh Yadav with Mr. Gaurav Kakar and Mr. Nishant Anand, Advocates.
HIGH COURT OF DELHI
RC.REV. 538/2019
V K KOHLI & ANR ..... Petitioners
Through Mr. Rajesh Yadav with Mr. Gaurav Kakar and Mr. Nishant Anand, Advocates.
VERSUS
HARDAI ..... Respondent
Through Mr. Saksham Grover, Advocate.
Through Mr. Saksham Grover, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA O R D E R
22.10.2019
22.10.2019
CM APPL.46439/2019 (exemption)
Exemption is allowed subject to all just exceptions.
Exemption is allowed subject to all just exceptions.
CM APPL.46440/2019 (for condonation of delay in re-filing)
For the reasons stated in the application, the application is allowed. The delay in re-filing the appeal is condoned.
For the reasons stated in the application, the application is allowed. The delay in re-filing the appeal is condoned.
CM APPL.46438/2019 (for modification of
JUDGMENT
dated
16.09.2019)
16.09.2019)
1. By this application, petitioners seek correction of judgment dated 16.09.2019, wherein, time to vacate the premises was granted to the petitioners.
2. Learned counsel for the petitioners contends that on account of a typographical error, it has been noted that the petitioner has undertaken to vacate the tenanted premises on or before 30.09.2020 2019:DHC:5480 RC.REV. 538/2019 2 instead of 31.10.2020.
3. Learned counsel for the respondent concedes that the same is a typographical error.
4. In view of the above, judgment dated 16.09.2019 is corrected. In paragraphs 4 and 8, the date of 30.09.2020 shall read as 31.10.2020. After correction, paragraphs 4 and 8 shall read as under:-
“4. Learned counsel for the petitioners submits that he has instructions to undertake on behalf of the petitioners that the petitioners shall vacate and hand over the peaceful and vacant possession of the tenancy premises on or before 31.10.2020. 8. Subject to petitioners filing an affidavit of undertaking within a period of two weeks in the above terms, execution of the eviction order dated 18.03.2019 shall remain stayed till 31.10.2020.
5. Application is allowed in the above terms.
6. Petitioners shall now file an affidavit of undertaking within a period of two weeks from today.
7. Registry is directed to upload this order as a corrigendum to judgment dated 16.04.2019.
8. Order Dasti under the signatures of the Court Master.
SANJEEV SACHDEVA, J OCTOBER 22, 2019 st