Archna Dev vs Raj
2016 Latest Caselaw 6951 Del

$~3
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 428/2016 & CM APPL.36263/2016 & CM No.38428/2016(by
      the appellant u/S 48 r/w S 151 CPC for extension of time to make
      compliance of the order dated 10.8.2016)

      ARCHNA DEV                                             ..... Appellant
                          Through: Mr.Rakesh Rao, Proxy counsel for
                          Mr.Rajeev Ranjan Pandey, Advocate with
                          appellant in person.

                          versus
      RAJ                                             ..... Respondent
                          Through: Mr. Arun Vohra, Advocate with
                          respondent in person.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 16.11.2016

1. This order is in continuation of the order dated 18.10.2016.

2. On the last date of hearing, the appellant and the respondent were directed to remain present to explore the possibility of their arriving at a negotiated settlement. After some interaction between the parties, it has been agreed by the respondent that the appellant may be granted time upto 30.4.2017 to vacate the suit premises on the condition that the she shall hand over the vacant peaceful possession thereof to the respondent on or before the said date and further, on the condition that she shall continue paying the use and occupation charges in that duration.

3. Mr. Vohra, learned counsel for the respondent states that the appellant has not paid the arrears of the use and occupation charges in respect of the suit premises from June 2016 onwards to the respondent.

4. Learned counsel for the appellant states that a sum of Rs.1,30,000/- which is the decretal amount has already been deposited in the Registry. He however admits that the use and occupation charges @ Rs.14,500/- per month have not been paid to the respondent from June 2016. He states on instructions that the arrears from June to October 2016 shall be paid to the respondent on or before 7th December, 2016 and thereafter, the appellant shall not default in paying the monthly use and occupation charges @ Rs.14,500/- per month directly to the respondent against receipt, till the date of handing over possession of the suit premises.

5. With the consent of the parties, the present appeal is disposed of on the aforesaid lines alongwith the pending applications. The appellant shall file an affidavit undertaking inter alia to hand over the vacant peaceful possession of the suit premises to the respondent on or before 30.4.2017 and continue paying the use and occupation charges in respect thereof, as recorded above. She shall also undertake not to sell, transfer, alienate, part with possession or create any encumbrance in respect of the suit premises. Needful shall be done within one week, with a copy to the other side. The parties agree that in view of the settlement arrived at and recorded above, the respondent shall be at liberty to approach the Registry for release of the decretal amount, along with interest, if any, accrued thereon, as deposited by the appellant. The Registry shall release the decretal amount, along with interest, if any, accrued thereon to the respondent, through counsel.

6. While disposing of the appeal, it is clarified that the respondent shall be at liberty to pursue her suit against the appellant for the remaining reliefs.

HIMA KOHLI, J NOVEMBER 16, 2016 ap