Delhi High Court - Orders
Sunil Kumar vs Shalu Gupta @ Sheela & Ors on 25 May, 2023
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 712/2018 & CM APPL. 19745/2023, CM APPL.
21867/2023, CM APPL. 27297/2023
SUNIL KUMAR ..... Petitioner
Through: Mr. Gaurav Kumar, Advocate along
with Petitioner in person
versus
SHALU GUPTA @ SHEELA & ORS ..... Respondents
Through: Mr. Satvinder Singh, Advocate along
with Respondent No. 5 in person
Respondent Nos. 1, 2, 3 and 4 in
person.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 25.05.2023
1. The learned counsel for the Petitioner states on instruction from the Petitioner that he is unwilling to pay transportation charges of Rs. 5,000/- to each of the Respondents for the visit made by them to the sub-Registrar, Kalkaji on 03.05.2023.
1.1. He states that the costs of Rs. 5,000/- for the visit made to sub- Registrar, Hauz Khas, has already been paid. He states that since the offices of the Sub-Registrar, Hauz Khas and Kalkaji are nearby hence, the Petitioner is submitting that no separate costs are liable to be paid for the visit to sub- Registrar, Kalkaji.
2. This Court has considered the submission of the Petitioner and finds no merit in the said submission. This Court is of the opinion that the This is a digitally signed order.
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 25/09/2023 at 07:32:56 Petitioner himself is delaying the compliance of the time bound directions issued by this Court on 03.05.2023.
3. The matter is being passed over to enable the Petitioner to reconsider and make payment of amount of Rs. 5,000/- to each of the Respondents, failing which appropriate orders will be passed at the pass over stage.
4. It is admitted that Rs. 5,000/- has been paid to each of the Respondent for the visit made to the sub-Registrar on 03.05.2023. The Respondents have agreed to bear the cost of visit to sub-registrar, Lajpat Nagar on 04.05.2023. The said statement is taken on record.
5. At the pass over stage, learned counsel for the Petitioner, on instructions, from the Petitioner submits that he will before the end of the day make payments of Rs.5,000/- to each of the Respondent for their visit to Kalkaji, sub-Registrar.
6. He further states that relinquishment deeds to be executed before the sub-Registrars, Sarojini Nagar and Gurgaon, the appointment timings have been fixed as under: -
(i) On 31.05.2023 at 11AM, Sarojini Nagar.
(ii) On 02.06.2023 at 10AM at Gurgaon.
Flat No.405 Building No. 32/33, Kushal Bazar, Nehru Place, Delhi.
7. He states that the Respondents had duly appeared before the Sub- Registrar, Kalkaji, for registration of the relinquishment deed. He states that relinquishment deed has been executed with respect to the property at Kalkaji bearing Flat no. 102, Building No. 32/33, Kushal Bazar, Nehru Place, Delhi, which has been duly registered.
7.1. He states that, however, with respect to another Flat No.105, Building This is a digitally signed order.
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 25/09/2023 at 07:32:56 No. 32/33, Kushal Bazar, Nehru Place, Delhi, the Sub-Registrar, after perusing the chain of documents pointed out that correct municipal No. is Flat no. 405 and not 105. He further submits that therefore, a relinquishment deed has to be executed with respect to Flat No.405 Building No. 32/33, Kushal Bazar, Nehru Place, Delhi.
7.2. He states that neither Petitioner nor his father had any right, title or interest in Flat No.105 and its details in the suit and the appeal is a typographical error.
7.3. Learned counsel for Respondent No.5, on instructions submits that Respondent No.5 will execute a relinquishment deed with respect to Flat No. 405 Building No. 32/33, Kushal Bazar, Nehru Place, Delhi, and for this purpose appear before Sub-Registrar, Kalkaji.
7.4. Respondent Nos. 1 to 4, who are present in person in Court have also confirmed that they will execute the relinquishment deed with respect to Flat No.405 Building No. 32/33, Kushal Bazar, Nehru Place, Delhi. 7.5. The learned counsel for the Petitioner states that a date for appearance before the sub-Registrar Kalkaji, and appointment will be obtained and communicated to learned counsel for Respondent No.5 on or before 26.05.2023. He states that date of appointment will be on or before 01.06.2023.
8. It is directed that the directions issued to the Petitioner to pay transportation/visit charges of Rs. 5,000/- to each of the Respondents shall remain valid for the proposed visits to Sub-Registrar Sarojini Nagar, Kalkaji and Gurgaon respectively.
9. It is made clear to the Petitioner that no further adjournment shall be granted as the demand drafts deposited with this Court on 03.05.2023 are This is a digitally signed order.
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 25/09/2023 at 07:32:57 due for release to Respondent No. 1 and Respondent No. 5. The Petitioner is directed to ensure that registration scheduled on 31.05.2023 and 02.06.2023 proceeds smoothly and the registration proposed before Sub-Registrar, Kalkaji is also completed on or before 01.06.2023.
10. The learned counsel for the parties' states that they shall make an endeavour to report compliance of the registration of the relinquishment deed to this Court on 02.06.2023, immediately after the registration is completed at Gurgaon.
11. The registry is directed to send the Demand Drafts kept in safe custody to this Court on 02.06.2023 at 2 P.M. it is directed that if the matter cannot be taken up on 02.06.2023, it will be taken up on 03.06.2023 at 11.30 AM.
12. List on 02.06.2023 at 02:00 PM.
MANMEET PRITAM SINGH ARORA, J MAY 25, 2023/hp This is a digitally signed order.
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 25/09/2023 at 07:32:57