Ved Kumari Batra vs Jugal Batra & Anr
2023 Latest Caselaw 4510 Del

                          $~5

                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                         Judgment delivered on: 08th November, 2023


                          +     FAO(OS) 78/2018

                                VED KUMARI BATRA                              ..... Appellant

                                                    versus

                                JUGAL BATRA & ANR                             ..... Respondents

                          Advocates who appeared in this case:
                          For the Appellants:     Mr. I.S. Alag, Sr. Advocate with Mr. J.
                                                  S. Lamba, Advocate.



                          For the Respondents:      Mr. Anand Varma with Ms. Apoorva
                                                    Pandey and Mr. Devansh Malhotra,
                                                    Advocates.

                          CORAM:-

                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL. 49476/2023 (filed on behalf of respondent No.1 seeking disposal of the present appeal)

1. With the consent of the parties, the appeal is directed to be taken up today itself.

2. Application is disposed of.

Signature Not Verified Digitally Signed

Signing Date:10.11.2023 12:22:35 FAO(OS) 78/2018

1. Appellant seeks quashing of order dated 06.03.2018 whereby issues were framed to the extent that the onus was incorrectly placed on the appellant. Appellant further seeks a direction to the learned Single Judge to decide IA 3543/2017 which was also disposed of by the same order.

2. We are informed that by order dated 04.12.2018, the issues in the Suit were reframed and the onus placed on the parties was also amended. Thereafter the trial is on. Insofar as the said relief sought for in the appeal is concerned, the same stands addressed by order dated 04.12.2018 and no further directions are called for in that regard.

3. By IA 3543/2017, appellant was seeking a direction to the tenant, who was also arrayed as defendant No.2 in the suit, to vacate the first floor of the property being 35/78, West Punjabi Bagh, New Delhi and to handover the possession of the same to the appellant.

4. We are informed that pending these proceedings, the tenant has already vacated and handed over the possession to respondent No.1 - Mr. Jugal Batra.

5. In that respect, said application has already become infructuous.

6. We are also informed that respondent No.1 has already filed an application being IA 10811/2023 before the learned Single Judge seeking leave of the Court for modification of the status quo and for permission to rent out the property. Appellant has also filed an

Signature Not Verified Digitally Signed

Signing Date:10.11.2023 12:22:35 application being IA 14808/2023 seeking possession from respondent No.1 and both the applications are pending consideration before the learned Single Judge.

7. In view of the above, the appeal is disposed of in terms of order dated 04.12.2018 and holding that CM 3543/2017 is infructuous. However, the same would be without prejudice to the rights and contentions of the parties and the pending applications referred to herein above.

8. Appeal is, accordingly, disposed of.

9. The next date of 15.12.2023 is cancelled.

SANJEEV SACHDEVA, J

MANOJ JAIN, J NOVEMBER 08, 2023 st

Signature Not Verified Digitally Signed

Signing Date:10.11.2023 12:22:35