Delhi High Court - Orders
Birbal Saini vs Satyawati on 17 December, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DEVANSHU
JOSHI
Signing Date:20.12.2021 16:57:56
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RSA 196/2019 & CM APPL. 42921/2019
BIRBAL SAINI ..... Appellant
Through: Mr. Sanjeev Kumar Dubey, Sr.
Advocate with Mr. Karan Khanna,
Mr. Navjot Kumar, Mr. Shoaib
Haider, Mr. Raj Mangal, Advocates.
(M: 9990217408)
versus
SATYAWATI ..... Respondent
Through: Mr. Rajendra Saini, Advocate
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 17.12.2021
1. This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.
2. Mr. Rajendra Saini, ld. Counsel for the Respondent, has joined virtually, however the Court is unable to hear him, despite repeated efforts.
3. This Court is of the opinion that since a decree of possession has been granted in favour of the Respondent vide order dated 6th June, 2015 in CS No.333/2009 titled Satyawati v. Birbal Saini and upheld by the Appellate Court vide order dated 19th August, 2019 in RCA No.60818/16 titled Birbal Saini v. Satyawati, use and occupation charges would have to be paid by the Appellant to the Respondent.
4. The substantial question/s of law, if any, is yet to be framed in this matter. In the meantime, the amount fixed by the Trial Court, in the decree, i.e., Rs.1500/- per month, shall be deposited for the period from the date Digitally Signed By:DEVANSHU JOSHI Signing Date:20.12.2021 16:57:56 when interim order against execution was granted by this Court on 24th September 2019 till 31st December 2021, before the Registrar General of this Court, within 8 weeks. The same shall be retained in an FDR, on auto- renewal mode. Interim order dated 24th September, 2019, granting stay of execution of the decree, to continue subject to the said deposit.
5. With effect from 1st January 2022, the sum of Rs. 1,500/- per month shall be paid by the Appellant to the Respondent, by the 10th of every month.
6. List on 21st March, 2022.
PRATHIBA M. SINGH, J.
DECEMBER 17, 2021/Aman/MS