Delhi High Court
Salim & Anr vs Shabina Begum on 7 January, 2017
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA 847/2016
SALIM & ANR ..... Appellants
Through: Mr. Manu Parashar, Advocate with
appellant No.1 in person.
versus
SHABINA BEGUM ..... Respondent
Through: Mr. Javed Ahmed and Mr. Anis Ahmed,
Advocates.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 07.02.2017
1. The appellant/defendant No.1 is aggrieved by the judgment dated
04.8.2016 passed by the learned trial court in a suit for possession, mesne
profit, damages and permanent injunction instituted by the
respondent/plaintiff, who happens to be the sister-in-law (elder brother's
wife of the appellant).
2. Under the impugned judgment, the learned trial court passed a decree
of possession and permanent injunction in favour of the respondent/plaintiff
and against the appellants/defendants and awarded damages/mesne profit
against the appellants/defendants @ Rs.4,000 per month from the date of
institution of the suit i.e. with effect from 22.4.2014, till the date of handing
over possession thereof alongwith 8% interest and costs of the suit.
3. After addressing arguments for some time, learned counsel for the
appellants/defendants fairly states that instead of pressing the appeal on
merits, the appellant may be granted one month's time to vacate the suit
premises. He further states that the respondent may be called upon not to
insist on the interest awarded on the principal amount decreed in her favour
and waive the costs of the suit.
4. Learned counsel for the respondent/plaintiff states in all fairness that
if the appellants/defendant hand over the vacant peaceful possession of the
suit premises to the respondent/plaintiff on or before 10.3.2017 and pay the
principal amount as decreed under the impugned judgment dated 04.8.2016,
his client shall forego the interest component and not insist on recovery of
the costs of the suit. He assures the court that his client shall not press the
execution petition till 10.3.2017.
5. In view of the submissions made herein above, the present appeal is
disposed of as not pressed.
6. The appellants/defendants are granted time upto 10.3.2017 to vacate
the suit premises. The appellants/defendants shall hand over the vacant
peaceful possession of the suit premises to the respondent/plaintiff by
10.3.2017, against receipt. They shall clear all the outstanding electricity and
water charges and hand over proof of payment to the respondent/plaintiff by
the cut-off date. The appellants/defendants shall also pay the principal
amount awarded in favour of the respondent/plaintiff, on or before
10.3.2017.
7. If the appellants/defendants adhere to the settlement recorded
hereinabove, then the respondent/plaintiff shall waive the interest and the
costs of the suit awarded in her favour. In the event of default, the
respondent/plaintiff shall be entitled to seek execution of the impugned
judgment and decree, as it stands.
8. While binding the parties to the settlement recorded above, the appeal
is disposed of.
HIMA KOHLI, J
FEBRUARY 07, 2017
ap
