Mr. Jai Wadhwa and Mr. Ronak Karanpuria, Advocates alongwith v. KEDAR NATH @ KEDAR AGGARWAL

Through: Mr. Jagdish Chandra, Advocate. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI % O R D E R 21.04.2025 CM APPL. 22872/2025 (exemption) Exemption allowed, subject to just exceptions. The application stands disposed-of. RFA 356/2025 By way of the present appeal filed under section 96 of the Code of Civil Procedure 1908 (‘CPC’), the appellants impugn judgment and preliminary decree dated 06.02.2025, whereby the respondent (plaintiff in the suit) has been granted a decree of possession in respect of the 04th Floor of property bearing No.8452, Arya Nagar, Paharganj, New Delhi, by allowing an application under Order XII Rule 6 CPC. This is a digitally signed order. RFA 356/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:06

2. After making extensive submissions, Mr. Jai Wadhwa, learned counsel appearing for the appellant, on instructions of Ms. Pooja @ Pinky, who is the sister-in-law of the deceased appellant Smt. Babita, submits that the appellants are willing to vacate the subject premises, provided they are granted reasonable time to do so; and are also willing to pay reasonable use and occupation charges, as may be mutually agreed-to between the parties.

3. In view of the above submission and with consent of the respondent, who is also present in-person, the present appeal is disposed-of with the following directions: 3.1. The appellants shall vacate the subject premises i.e., 04th Floor of property bearing No.8452, Arya Nagar, Paharganj, New Delhi on or before 31.12.2025;

3.2. In the meantime, the appellants shall be entitled to continue to use and occupy the subject premises for the purpose for which it has been used so far, subject however to the appellants paying to the respondent use and occupation charges of Rs.12,000/- per month with effect from 01.04.2025, to be paid to the respondent by or before the 07th day of every English calendar month, till the time of vacation of the subject premises; and

3.3. To facilitate electronic remittance of use and occupation charges as referred-to above, the respondent shall furnish to the appellants requisite bank details within 07 days.

4. Furthermore, appellant No. 1 shall file before this court an affidavit of undertaking, for herself and also on behalf of appellants Nos. 2 & 3 This is a digitally signed order. RFA 356/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:06 who are minor, in the following terms, within 02 weeks from today, with copy to the opposing counsel: i. I undertake that I shall surrender vacant, peaceful, physical possession of the subject premises to the respondent or his nominee on or before

31.12.2025, against written acknowledgment of receipt. ii. During the period of my use and occupation of the subject premises, I shall pay to the respondent use and occupation charges at Rs. 12,000/- per month with effect from 01.04.2025, by or before the 07th day of every English calendar month till the time I vacate the subject premises and hand over vacant, peaceful, physical possession thereof to the respondent. iii. Furthermore, during the period of my use and occupation of the subject premises, I shall also regularly and punctually pay all utility bills, including electricity and water charges and any other dues that may arise in relation to the use and occupation of the subject premises, till the date I hand-over vacant, peaceful, physical possession thereof to the respondent or his nominee. iv. I also undertake that in the event of any default in payment of use and occupation charges and/or any utility bills as aforesaid, I shall render myself liable to pay enhanced use and occupation charges equivalent to the prevailing market rent for the relevant period instead of the agreed use and occupation charges of Rs.12,000/- per month as referred to above. v. I further undertake and confirm that throughout the period upto

31.12.2025, the subject premises shall remain under my use and occupation; and I shall not create any third party rights, titles or interests whatsoever, in or to the subject premises; and that I shall not cause any damage or harm to the subject premises, failing which I shall remain liable for damages to compensate for any such damage or harm. vi. I shall remain bound by the terms of the aforesaid undertaking. This is a digitally signed order. RFA 356/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:06

7. Needless to add that in the event of violation of any of the terms of the above-referred undertaking by any of the appellants, the respondent shall be at liberty to adopt all such remedies as may be available to him, in accordance with law. It is made clear that the issue of arrears of rent and mesne profits which is stated to be pending before the learned trial court, as noted in para 10 of impugned order dated 06.02.2025, shall be dealt with by the learned trial court in accordance with law. Subject to the appellants adhering to the terms of this order, they shall not be evicted from the subject premises till 31st December, 2025. The appeal is disposed-of in the above terms.

8. 9. 10. The Registry is directed to bring to the notice of this court if the Pending applications, if any, also stand disposed-of. affidavit of undertaking is not filed as directed-above. APRIL 21, 2025 ANUP JAIRAM BHAMBHANI, J This is a digitally signed order. RFA 356/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 11:05:06