Surender Singh & Anr vs Avtar Kaur
2017 Latest Caselaw 1371 Del

$~41
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+     RFA 284/2017 & C.M. Nos. 10015-16/2017

      SURENDER SINGH & ANR                     ..... Appellants
                   Through: Mr. Ajai Kumar, Advocate with
                   appellants in person.
                          versus
      AVTAR KAUR                                           ..... Respondent
                          Through: None.
      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                          ORDER

% 14.03.2017

1. The appellant No.1/defendant No.1 and the appellant No.2/defendant No.2(husband and wife) have filed the present appeal against the judgment and decree dated 24.11.2016, passed in a suit for possession and permanent injunction instituted by the respondent/plaintiff (step-mother of the appellant No.1) in respect of an immovable property.

2. The Court has carefully perused the impugned judgment and considered the arguments addressed by learned counsel for the appellants, but is not persuaded to issue notice.

3. At this stage, learned counsel for the appellants states that instead of pressing the appeal on merits, the appellants be granted a reasonable time of at least six months to vacate the suit premises.

4. In view of the submission made by the counsel for the appellants as recorded hereinabove, while disposing of the present appeal alongwith the

pending applications, a limited notice is issued to the respondent on the timeline for the appellants to vacate the suit premises, by ordinary process and speed post, returnable on 18.05.2017.

5. The notice to be issued to the respondent shall indicate that she shall remain present on the next date. Learned counsel for the appellants along with the appellants shall also remain present on the next date.

6. Operation of the impugned judgment and decree shall remain stayed, subject to the appellants depositing a sum of Rs.4,000/- per month towards the use and occupation charges in respect of the suit premises. The arrear from the date of passing of the impugned judgment, till 30.4.2017 shall be deposited within eight weeks. The appellants shall continue depositing the use and occupation charges at the same rate, on a month to month basis, by the 10th day of each calendar month.

DASTI.

HIMA KOHLI, J MARCH 14, 2017 ap/mk